Energy and Water Development and Related Agencies Appropriations Bill, 2022: Report 117-98
Summary
Report 117-98 of the 117th Congress, 1st Session, dated July 20, 2021, from the Committee on Appropriations on H.R. 4549, making appropriations for energy and water development for the fiscal year ending September 30, 2022, submitted by Ms. Kaptur together with minority views. The index begins with the Department of Defense Civil programs of the Corps of Engineers. A passage near page 170 on power marketing says all four power marketing administrations give preference in the sale of their power to publicly-owned and cooperatively-owned utilities, and describes the Bonneville Power Administration, the Southeastern Power Administration and the Southwestern Power Administration.
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“Energy and Water Development and Related Agencies Appropriations Bill, 2022: Report 117-98.”
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 117–98
ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS BILL, 2022
JULY 20, 2021.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Ms. KAPTUR, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4549]
The Committee on Appropriations submits the following report in
explanation of the accompanying bill making appropriations for en-
ergy and water development for the fiscal year ending September
30, 2022, and for other purposes.
INDEX TO BILL AND REPORT
Page Number
Bill Report
Introduction ................................................................................................ ........ 6
I. Department of Defense—Civil:
Corps of Engineers—Civil .................................................................. 2 11
Investigations ............................................................................... 2 18
Construction ................................................................................. 3 30
Mississippi River and Tributaries .............................................. 4 40
Operation and Maintenance ....................................................... 4 43
Regulatory Program ..................................................................... 6 71
Formerly Utilized Sites Remedial Action Program ................... 6 72
Flood Control and Coastal Emergencies .................................... 6 72
Expenses ....................................................................................... 6 73
Office of the Assistant Secretary of the Army (Civil Works) 7 74
Water Infrastructure Finance and Innovation Program .......... 8 74
General Provisions .............................................................................. 11 75
II. Department of the Interior:
Central Utah Project ........................................................................... 17 76
Central Utah Project Completion Account ................................ 17 76
Bureau of Reclamation:
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Page Number
Bill Report
Water and Related Resources ..................................................... 18 77
Central Valley Project Restoration Fund ................................... 19 91
California Bay-Delta Restoration ............................................... 20 92
Policy and Administration .......................................................... 21 92
General Provisions .............................................................................. 21 93
III. Department of Energy:
Introduction ......................................................................................... ........ 93
Committee Recommendations ............................................................ ........ 93
Energy Programs:
Energy Efficiency and Renewable Energy ................................. 26 106
Cybersecurity, Energy Security, and Emergency Response ..... 27 127
Electricity ..................................................................................... 27 129
Nuclear Energy ............................................................................ 28 131
Fossil Energy Research and Development ................................. 28 135
Naval Petroleum and Oil Shale Reserves .................................. 29 141
Strategic Petroleum Reserve ....................................................... 29 142
SPR Petroleum Account .............................................................. 29 142
Northeast Home Heating Oil Reserve ........................................ 30 143
Energy Information Administration ........................................... 30 143
Non-Defense Environmental Cleanup ........................................ 30 143
Uranium Enrichment Decontamination and Decommissioning
Fund .......................................................................................... 31 144
Science .......................................................................................... 31 145
Nuclear Waste Disposal .............................................................. 32 153
Technology Transitions ............................................................... 32 153
Clean Energy Demonstrations .................................................... 32 154
Advanced Research Projects Agency—Energy ........................... 33 154
Title 17 Innovative Technology Loan Guarantee Program ...... 33 155
Advanced Technology Vehicles Manufacturing Loan Program 35 155
Tribal Energy Loan Guarantee Program ................................... 35 156
Indian Energy Policy and Programs .......................................... 35 156
Departmental Administration ..................................................... 35 157
Office of the Inspector General ................................................... 36 158
Atomic Energy Defense Activities:
National Nuclear Security Administration:
Weapons Activities ....................................................................... 37 160
Defense Nuclear Nonproliferation .............................................. 37 163
Naval Reactors ............................................................................. 38 165
Federal Salaries and Expenses ................................................... 38 165
Environmental and Other Defense Activities:
Defense Environmental Cleanup ................................................ 39 166
Defense Uranium Enrichment Decontamination and Decom-
missioning ................................................................................. 39 168
Other Defense Activities ............................................................. 40 168
Power Marketing Administrations:
Bonneville Power Administration ............................................... 40 170
Southeastern Power Administration .......................................... 41 170
Southwestern Power Administration ......................................... 42 171
Western Area Power Administration ......................................... 43 171
Falcon and Amistad Operating and Maintenance Fund .......... 45 171
Federal Energy Regulatory Commission ........................................... 46 172
Committee Recommendation .............................................................. ........ 172
General Provisions .............................................................................. 47 214
IV. Independent Agencies:
Appalachian Regional Commission ................................................... 54 214
Defense Nuclear Facilities Safety Board ........................................... 54 215
Delta Regional Authority ................................................................... 55 216
Denali Commission ............................................................................. 55 217
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Northern Border Regional Commission ............................................ 56 217
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Page Number
Bill Report
Southeast Crescent Regional Commission ........................................ 56 218
Southwest Border Regional Commission .......................................... 56 218
Nuclear Regulatory Commission ....................................................... 57 219
Nuclear Waste Technical Review Board ........................................... 58 221
General Provisions .............................................................................. 58 221
V. General Provisions: ............................................................................... 60 222
House of Representatives Report Requirements ..................................... ........ 222
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SUMMARY OF ESTIMATES AND RECOMMENDATIONS
The Committee has considered budget estimates, which are con-
tained in the Budget of the United States Government, Fiscal Year
2022. The following table summarizes appropriations for fiscal year
2021, the budget estimates, and amounts recommended in the bill
for fiscal year 2022.
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INTRODUCTION
The Energy and Water Development and Related Agencies Ap-
propriations bill for fiscal year 2022 totals $53,226,000,000,
$1,474,000,000 above fiscal year 2021 amounts.
Title I of the bill provides $8,657,932,000 for the Civil Works pro-
grams of the U.S. Army Corps of Engineers, $862,932,000 above
fiscal year 2021 and $1,865,432,000 above the budget request. The
bill makes use of the adjustments provided in Public Law 116–136
and Public Law 116–260 regarding the Harbor Maintenance Trust
Fund and section 2106(c) of the Water Resources Reform and De-
velopment Act of 2014. Total funding activities eligible for reim-
bursement from the Harbor Maintenance Trust Fund (HMTF) are
estimated at $2,050,000,000, $370,000,000 above fiscal year 2021
and $424,114,000 above the budget request.
Title II provides $1,965,899,000 for the Department of the Inte-
rior and the Bureau of Reclamation, $274,899,000 above fiscal year
2021 and $412,950,000 above the budget request. The Committee
recommends $1,945,866,000 for the Bureau of Reclamation,
$275,899,000 above fiscal year 2021 and $412,950,000 above the
budget request. The Committee recommends $20,000,000 for the
Central Utah Project, $1,000,000 below fiscal year 2021 and equal
to the budget request.
Title III provides $45,126,500,000 for the Department of Energy,
$3,201,475,000 above fiscal year 2021 amounts. Funding for energy
programs within the Department of Energy, which includes basic
science research and the applied energy programs, is
$16,848,760,000. The Committee recommends $7,320,000,000 for
the Office of Science; $3,768,000,000 for Energy Efficiency and Re-
newable Energy; $177,000,000 for Cybersecurity, Energy Security,
and Emergency Response; $267,000,000 for Electricity;
$1,675,000,000 for Nuclear Energy; $820,000,000 for Fossil Energy
and Carbon Management; and $600,000,000 for the Advanced Re-
search Projects Agency—Energy.
Funding for the National Nuclear Security Administration
(NNSA), which includes Weapons Activities, Defense Nuclear Non-
proliferation, Naval Reactors, and Federal Salaries and Expenses,
is $20,155,000,000.
Environmental Management activities—Non-defense Environ-
mental Cleanup, Uranium Enrichment Decontamination and De-
commissioning, and Defense Environmental Cleanup—are funded
at $7,757,203,000.
The net amount appropriated for the Power Marketing Adminis-
trations is provided at the requested levels.
Title IV provides $457,800,000 for several Independent Agencies,
$43,950,000 above fiscal year 2021. Net funding for the Nuclear
Regulatory Commission is $131,000,000, $8,000,000 above fiscal
year 2021 and equal to the budget request.
OVERVIEW OF THE RECOMMENDATION
The Committee recommendation prioritizes the most critical, in-
herently federal responsibilities of this bill: the national defense;
energy innovation to increase economic prosperity while providing
additional solutions for mitigating and adapting to climate change;
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investing in infrastructure, including the maintenance of the na-
tion’s waterways; and the resilience and security of electricity in-
frastructure. Strong support is included for basic science programs,
which provide the foundation for new energy technologies that are
vital to maintaining global competitiveness and ensuring long-term
prosperity but that are often too high-risk to receive the attention
of the private sector. The recommendation provides strong support
for applied energy research, development, and demonstration ac-
tivities to improve and extend the performance of existing energy
sources and accelerate the adoption of new clean energy tech-
nologies. The recommendation also recognizes the importance of
the federal government’s responsibility to clean up the legacy of
five decades of nuclear weapons production and government-spon-
sored nuclear energy research, and the recommendation takes
steps forward to address spent nuclear fuel.
NATIONAL ENERGY POLICY TO ADDRESS CLIMATE CHANGE
The Department of Energy and its national laboratory system
have helped to lay the foundation for the technological advances to
reduce greenhouse gas emissions to address climate change and
drive today’s the energy markets. Production breakthroughs for
every energy generation source can trace their origins back to re-
search and development supported by the Department. With the in-
creased urgency to address climate change and as the energy mar-
ket continues to transition to cleaner technologies, the Depart-
ment’s support for research, development, and demonstration in all
clean energy sources remains critical. According to the Inter-
national Energy Agency, reaching net-zero emissions by 2050 will
not be achievable without a major acceleration in clean energy in-
novation. While it is imperative that the nation deploys clean en-
ergy technologies currently available on the market today, addi-
tional innovation is critical to ensuring the nation develops the
technologies required for the coming decades to further reduce
emissions.
The Committee provides funding in support of an energy strategy
designed to mitigate and adapt to climate change, create jobs, and
increase economic prosperity, and enhance energy security. Fund-
ing for renewable energy sources and energy efficiency technologies
supports continued investments in research, development, and
demonstration to advance technological innovations that save con-
sumers money, reduce carbon pollution, and increase U.S. competi-
tiveness for the energy sector of the future. Funding for fossil and
nuclear sources is targeted to ensure the safe, efficient, and envi-
ronmentally sound use of these energy sources.
The success of these technologies depends on a reliable and resil-
ient electric grid infrastructure. The nation’s electric grid was built
to handle a different energy reality than the one we face today.
Cyberattacks, frequent extreme weather events caused by climate
change, and an increasing diversity of energy sources must be ad-
dressed to guarantee the continued operation of the electric grid.
The Committee provides strong support to ensure the nation’s elec-
tric grid remains secure, resilient, and ready to incorporate new
technologies, particularly those that mitigate and adapt to climate
change.
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The Committee continues its long-standing support for the in-
vestment of taxpayer funds across the spectrum of all clean energy
technologies. A national energy policy can only be successful if it
maintains stability while planning for long-term strategic goals of
energy security, building the future through science and clean en-
ergy, and economic prosperity for the nation. The Committee
makes strategic choices, recommending a balanced approach to ad-
vance research, development, and demonstration in energy tech-
nologies that can address climate change, save money for con-
sumers, and support a resilient electric grid.
INVESTMENTS IN INFRASTRUCTURE
America’s ports, inland waterways, locks, and dams serve as eco-
nomic lifelines for many communities across the nation. The water
delivered to municipal, industrial, and agricultural users contrib-
utes to America’s economy. The water resource infrastructure fund-
ed by the recommendation is a critical component of ensuring a ro-
bust national economy and supporting American competitiveness in
international markets.
The agencies funded in this bill are also on the front lines of the
federal response to climate change. A changing climate and in-
creasing variability in weather patterns across the United States is
already impacting water infrastructure, often with catastrophic re-
sults. The 2020 hurricane season had 30 named storms, the most
ever recorded, while the West continued to experience exceptional
drought and a record-breaking wildfire season. This recommenda-
tion represents a commitment to ensure that the nation’s water re-
source infrastructure is resilient and able to meet the challenges
posed by a changing climate.
The Committee believes that more needs to be done to increase
the resiliency of infrastructure funded by this Act and that every
new construction or major rehabilitation project must be con-
structed to the most current relevant standards. These projects
should address the risk of structural failure or loss of use from nat-
ural hazards or natural disasters throughout the lifetime of each
project. As a measure of responsible fiscal prudence, resilient con-
struction and related project management practices should be inte-
grated into all programs funded by this Act.
The U.S. Army Corps of Engineers (Corps) has been instru-
mental in reducing the risk of flooding for public safety, businesses,
and much of this country’s food-producing lands. The Bureau of
Reclamation (Reclamation) supplies reliable water to approximately
10 percent of the country’s population and to much of its fertile ag-
ricultural lands. Both agencies make significant contributions to
national electricity production through hydropower facilities.
The U.S. marine transportation industry contributes over
$500,000,000,000 to the nation’s gross domestic product and sup-
ports employment for 10 million people. As the agency responsible
for the nation’s federal waterways, the Corps maintains 1,072 har-
bors and 25,000 miles of commercial channels serving 45 states.
The maintenance of these commercial waterways is directly tied to
the ability of the nation to ship manufactured and bulk products,
as well as to compete with the ports of neighboring countries for
the business of ships arriving from around the world. As a primary
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supporter of America’s waterway infrastructure, the Corps ensures
that the nation has the tools to maintain a competitive edge in the
global market. This recommendation makes key changes to the
budget request to ensure that the Corps has the resources to con-
tinue to support America’s navigation infrastructure.
The flood protection infrastructure that the Corps builds or
maintains reduces the risk of flooding to people, businesses, and
other public infrastructure investments. In fact, the average an-
nual damages prevented by Corps projects over fiscal years 2011
2020 was $138,400,000,000. Between 1928 and 2020, each infla-
tion-adjusted dollar invested in these projects prevented $12.26 in
damages. This infrastructure protects properties and investments
by preventing the destruction of homes, businesses, and many valu-
able acres of cropland from flooding.
Reclamation’s infrastructure is a critical component of the agri-
cultural productivity of the nation and supplies water to more than
31 million people for municipal, rural, residential, and industrial
uses. These facilities deliver water to one in every five western
farmers resulting in more than 10 million acres of irrigated land
that produces 60 percent of the nation’s vegetables and 25 percent
of its fruits and nuts. Without this infrastructure, American munic-
ipal and industrial users would face critical water shortages, and
agricultural producers in the West would not be able to access reli-
able, safe water for their families and their businesses.
The Corps and Reclamation are the nation’s largest and second
largest producers of hydropower, respectively. Combined, these fed-
eral hydropower facilities generate approximately 115 billion kilo-
watt-hours annually. Gross revenues from the sale of this power
reach nearly $2,500,000,000 annually.
NATIONAL DEFENSE PROGRAMS
The Committee considers the national defense programs of the
National Nuclear Security Administration (NNSA) to be the De-
partment of Energy’s highest national security priority. The rec-
ommendation provides funding to sustain and modernize the nu-
clear weapons stockpile, prevent the proliferation of nuclear mate-
rials, and provide for the needs of the naval nuclear propulsion pro-
gram. Additionally, the recommendation fully supports the environ-
mental cleanup of multiple sites across the country, maintaining
the federal government’s responsibility to clean up the legacy of
over five decades of nuclear weapons production and government-
sponsored nuclear energy research and development.
CONGRESSIONAL DIRECTION
Program, Project, or Activity.—The term ‘‘program, project, or ac-
tivity’’ shall include the most specific level of budget items identi-
fied in the Energy and Water Development and Related Agencies
Appropriations Act, 2022 and the Committee report accompanying
this Act.
Performance Measures.—The Committee directs each of the agen-
cies funded by this Act to comply with title 31 of the United States
Code, including the development of their organizational priority
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goals and outcomes such as performance outcome measures, output
measures, efficiency measures, and customer service measures.
Customer Service Measures.—The Committee directs each of the
agencies funded by this Act to develop standards to improve cus-
tomer service and incorporate the standards into the performance
plans required under title 31 of the United States Code.
Offsetting Collections.—The Committee directs each of the agen-
cies funded by this Act to continue to report any funds derived by
the agency from non-federal sources, including user charges and
fines that are authorized by law, to be retained and used by the
agency or credited as an offset in annual budget submissions.
Federal Advertising.—The Committee directs each of the agen-
cies funded by this Act to include the following information in its
fiscal year 2023 budget justification: expenditures for fiscal year
2021 and expected expenditures for fiscal year 2022, respectively,
for (1) all contracts for advertising services, and (2) contracts for
the advertising services of all Small Business Administration-recog-
nized socioeconomic subcategory-certified small businesses, as de-
fined in the Small Business Act, and all minority-owned busi-
nesses.
Cost Allocation Studies.—The Committee encourages the Corps,
Reclamation, and Bonneville Power Administration to continue to
work together on cost allocation issues for projects within the Fed-
eral Columbia River Power System, including resolving policy dis-
crepancies among the agencies. The agencies shall continue to brief
the Committee not less than quarterly on the progress on resolving
issues.
Federal Law Enforcement.—The Committee notes that the Com-
merce, Justice, Science, and Related Agencies Appropriations Act,
2022 directs the Attorney General to continue efforts to implement
training programs to cover the use of force and de-escalation, racial
profiling, implicit bias, and procedural justice, to include training
on the duty of federal law enforcement officers to intervene in cases
where another law enforcement officer is using excessive force, and
make such training a requirement for federal law enforcement offi-
cers. The Committee further notes that certain Departments and
agencies funded by this Act employ federal law enforcement officers
and are Federal Law Enforcement Training Centers partner orga-
nizations. The Committee directs such Departments and agencies
to adopt and follow the training programs implemented by the At-
torney General and to make such training a requirement for its
federal law enforcement officers. The Committee further directs
such Departments and agencies to brief the Committee on their ef-
forts relating to training not later than 90 days after enactment of
this Act.
In addition, the Committee directs such Departments and agen-
cies, to the extent that such Departments and agencies have not al-
ready done so, to submit their use of force data to the Federal Bu-
reau of Investigation (FBI)’s National Use of Force Data Collection
database. The Committee further directs such Departments and
agencies to brief the Committee not later than 90 days after enact-
ment of this Act on their current efforts to tabulate and submit its
use of force data to the FBI.
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Lithium-ion Battery Technology.—The Committee recognizes that
battery metals are a critical resource for domestic manufacturing
and supporting the U.S. supply chain and that other countries are
investing funds to grow their own lithium-ion battery supply
chains. In order to effectively compete internationally, the United
States must accelerate current lithium production and the pursuit
of future production to support national security and other applica-
tions, including electric vehicle manufacturing. The Committee
urges the Department of Energy and the Corps of Engineers to
support the expeditious development and production of lithium-ion
battery technology.
TITLE I—CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
INTRODUCTION
The Energy and Water Development and Related Agencies Ap-
propriations Act funds the Civil Works missions of the U.S. Army
Corps of Engineers (Corps). This program is responsible for activi-
ties in support of coastal and inland navigation, flood and coastal
storm damage reduction, environmental protection and restoration,
hydropower, recreation, water supply, and disaster preparedness
and response. The Corps also performs regulatory oversight of nav-
igable waters. Approximately 24,000 civilians and almost 300 mili-
tary personnel located in eight Division offices and 38 District of-
fices work to carry out the Civil Works program.
BUDGET STRUCTURE CHANGES
The fiscal year 2022 budget request for the Corps proposed nu-
merous structural changes, including the creation of two new ac-
counts (Harbor Maintenance Trust Fund and Inland Waterways
Trust Fund); the shifting of various studies and projects among ac-
counts and business lines; and the consolidation of certain remain-
ing items. The Committee rejects all such proposed changes and in-
stead funds all activities in the accounts in which funding has tra-
ditionally been provided. Unless expressly noted, all projects and
studies remain at the levels proposed in the budget request but
may be funded in different accounts. In particular:
• Projects proposed for funding in the Harbor Maintenance
Trust Fund account in the budget request are funded in the
Construction, Mississippi River and Tributaries, and Operation
and Maintenance accounts, as appropriate;
• Dredge Material Management Plans, requested in the In-
vestigations account, are funded in the Operation and Mainte-
nance account;
• Disposition studies will continue to be funded under the
remaining item Disposition of Completed Projects in the Inves-
tigations account;
• Tribal Partnership Studies will continue to be funded
under the Tribal Partnership Program remaining item in the
Investigations account, and these amounts may be used to
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cover necessary administrative expenses prior to agreement
execution; and
• Inspection of Completed Works, Project Condition Surveys,
Scheduling of Reservoir Operations and Surveillance of North-
ern Boundary Waters will continue to be funded under states
instead of consolidated into a national program as requested in
the Operation and Maintenance account.
For any fiscal year, if the Corps proposes budget structure
changes, the budget proposal shall be accompanied by a display of
the funding request in the traditional budget structure.
APPORTIONMENT UNDER A CONTINUING RESOLUTION
For the purposes of continuing resolutions starting in fiscal year
2018, the Office of Management and Budget changed the long-
standing policy by which funding is apportioned to the Civil Works
program of the Corps. Under the new policy, funding within an in-
dividual account was apportioned separately for amounts from the
general fund of the Treasury and from various trust funds.
The Committee has long intended the Corps to have the flexi-
bility to address projects most in need of funding under a con-
tinuing resolution. The creation of artificial accounting distinctions
has the potential to cause serious impediments to the efficient and
effective implementation of the Civil Works program. For example,
work on many navigation projects is limited by environmental or
other regulatory windows. Further limitations imposed by sepa-
rately apportioning Harbor Maintenance Trust Fund monies could
cause serious disruptions to the economic activity that depends on
these navigation channels.
For these reasons, the Committee rejects the change in appor-
tionment policy and directs the Administration to follow the pre-
vious policy during any continuing resolutions that may occur in
this or any future fiscal years.
DEEP-DRAFT NAVIGATION
The Committee remains mindful of the evolving infrastructure
needs of the nation’s ports. Meeting these needs—including deeper
drafts to accommodate the move toward larger ships—will be es-
sential if the nation is to remain competitive in international mar-
kets and to continue advancing economic development and job cre-
ation domestically.
Investigation and construction of port projects, including the
deepening of existing projects, are cost-shared between the federal
government and non-federal sponsors, often local or regional port
authorities. The operation and maintenance of these projects are
federal responsibilities and are funded as reimbursements from the
Harbor Maintenance Trust Fund (HMTF), which is supported by
an ad valorem tax on the value of imported and domestic cargo.
Expenditures from the trust fund are subject to annual appropria-
tions. The balance in the HMTF at the beginning of fiscal year
2022 is estimated to be approximately $11,183,000,000.
The CARES Act (Public Law 116–136) and the Water Resources
Development Act (WRDA) of 2020 (Public Law 116–260) made cer-
tain changes to the methods by which funds from the HMTF are
treated under discretionary budget rules. The Committee provides
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an estimated $2,050,000,000 in accordance with these changes.
This funding will enable the Corps to make significant progress on
the backlog of dredging needs. Additionally, WRDA 2020 made cer-
tain changes to the methods by which funds for section 2106(c) of
the Water Resources Reform and Development Act (WRRDA) of
2014 are treated under discretionary budget rules. The Committee
provides $50,000,000 for these purposes.
INLAND WATERWAYS SYSTEM
The nation’s inland waterways system—consisting of approxi-
mately 12,000 miles of commercially navigable channels and 237
lock chambers—is also essential to supporting the national econ-
omy. Freight transported on the inland waterways system includes
a significant portion of the nation’s grain exports, domestic petro-
leum and petroleum products, and coal used in electricity genera-
tion. Much of the physical infrastructure of the system is aging,
however, and in need of improvements. For example, commercial
navigation locks typically have a design life of 50 years, yet nearly
70 percent of these locks in the United States are more than 50
years old, with the average age being 65 years old.
In accordance with WRDA 2020, capital improvements to the in-
land waterways system are generally funded 65 percent from the
general fund of the Treasury and 35 percent from the Inland Wa-
terways Trust Fund (IWTF), while operation and maintenance
costs are funded 100 percent from the general fund of the Treas-
ury. The IWTF is supported by a tax on barge fuel.
The Corps is directed to take the preparatory steps necessary to
ensure that new construction projects can be initiated as soon as
can be supported under a robust capital program (i.e., as ongoing
projects approach completion). For fiscal year 2022, the Committee
provides $90,000,000 from the IWTF, $37,850,000 above the budget
request. The final program level will depend on project-specific allo-
cations to be made by the Corps. The Committee recommends
$55,000,000 above the budget request for additional operation and
maintenance activities on the inland waterways.
FORMAT OF FUNDING PRIORITIES
Since the 112th Congress, when congressional earmarks were
prohibited, the Administration amassed enormous control of the di-
rection of our nation’s water resources infrastructure. In doing so,
the Administration often ignored congressional directives, inserted
its own policies in place of the law, and turned a blind eye toward
many water resources needs at the local level.
Accordingly, this recommendation includes Community Project
Funding requested by Members of Congress to meet urgent needs
across the United States. Community Project Funding has been in-
cluded in this recommendation in the Investigations, Construction,
Mississippi River and Tributaries, and Operation and Maintenance
accounts in a manner that adheres to the Rules of the House of
Representatives and the increased transparency and accountability
standards put in place by the Committee.
As in previous years, the Committee lists in report tables the
studies, projects, and activities within each account requested by
the President along with the Committee-recommended funding
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level. To advance its programmatic priorities, the Committee has
included additional funding in some accounts for certain categories
of projects. Project-specific allocations within these categories will
be determined by the Corps based on further direction provided in
this report.
ADDITIONAL FUNDING
The recommendation includes funding in addition to the budget
request to ensure continued improvements to water resources infra-
structure, including resiliency, that benefit our national economy,
public safety, and environmental health. This funding is for addi-
tional work that either was not included in the budget request or
was inadequately budgeted.
For additional funding, the executive branch retains discretion
over project-specific allocation decisions within the additional funds
provided, subject to only the direction here and under the heading
‘‘Additional Funding’’ or ‘‘Additional Funding for Ongoing Work’’
within each of the Investigations, Construction, Mississippi River
and Tributaries, and Operation and Maintenance accounts. A study
or project may not be excluded from consideration for funding for
being ‘‘inconsistent with Administration policy.’’ The Administra-
tion is reminded that these funds are in addition to the budget re-
quest, and Administration budget metrics shall not be a reason to
disqualify a study or project from being funded.
The Committee remains concerned that the Administration has
implied, either implicitly or explicitly, to non-federal sponsors that
chances of being included in a budget request or work plan in-
crease with the amount of funding a non-federal sponsor can bring
to a project. Therefore, the Administration is reminded that vol-
untary funding in excess of legally required cost shares for studies
and projects is acceptable but shall not be used as a criterion for
inclusion in the budget request, for allocating the additional fund-
ing provided.
It is expected that all the additional funding provided by this Act
will be allocated to specific programs, projects, or activities. The
focus of the allocation process shall favor the obligation, rather
than expenditure, of funds. Additionally, the Administration shall
consider the extent to which the Corps is able to obligate funds as
it allocates the additional funding.
The Corps shall evaluate all studies and projects only within ac-
counts and categories consistent with previous congressional fund-
ing.
A project or study shall be eligible for additional funding within
the Investigations, Construction, and Mississippi River and Tribu-
taries accounts if: (1) it has received funding, other than through
a reprogramming, in at least one of the previous three fiscal years;
or (2) it was previously funded and could reach a significant mile-
stone, complete a discrete element of work, or produce significant
outputs in fiscal year 2022. None of the additional funding in any
account may be used for any item where funding was specifically
denied or for projects in the Continuing Authorities Program.
Funds shall be allocated consistent with statutory cost share re-
quirements.
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Work Plan.—Not later than 60 days after enactment of this Act,
the Corps shall provide to the Committee a work plan including the
following information: (1) a detailed description of the process and
criteria used to evaluate studies and projects; (2) delineation of how
these funds are to be allocated; (3) a summary of the work to be
accomplished with each allocation, including phase of work; and (4)
a list of all studies and projects that were considered eligible for
funding but did not receive funding, including an explanation of
whether the study or project could have used funds in fiscal year
2021 and the specific reasons each study or project was considered
as being less competitive for an allocation of funds.
NEW STARTS
The passage of the WRDA 2020 presents the Committee with the
challenge of considerable demand for new water resources projects.
The Committee supports a move to a new generation of projects
that address the challenges faced by local communities, although
there remain many projects authorized prior to WRDA 2020 that
have yet to receive funding. In recognition of this need, the Com-
mittee includes the seven new start Investigations projects and
four new start Construction projects proposed in the budget request
without change. The Committee also includes a limited number of
additional new starts in the Investigations, Construction, and Mis-
sissippi River and Tributaries accounts. No further new starts are
provided for in this Act.
While there remains significant need for new investments in
water resources projects, decisions regarding the processes by
which projects may be made eligible for funding or the manner in
which projects are funded can only be made by the Committee on
Appropriations.
There continues to be confusion regarding the executive branch’s
policies and guidelines regarding which studies and projects re-
quire new start designations. Therefore, the Corps is directed to no-
tify the Committee at least seven days prior to execution of an
agreement for construction of any project except environmental in-
frastructure projects and projects under the Continuing Authorities
Program. Additionally, the Committee reiterates and clarifies pre-
vious congressional direction as follows. Neither study nor con-
struction activities related to individual projects authorized under
section 1037 of the WRRDA of 2014 shall require a new start or
new investment decision; these activities shall be considered ongo-
ing work. No new start or new investment decision shall be re-
quired when moving from feasibility to preconstruction engineering
and design (PED). The initiation of construction of an individually
authorized project funded within a programmatic line item may not
require a new start designation provided that some amount of con-
struction funding under such programmatic line item was appro-
priated and expended during the previous fiscal year. No new start
or new investment decision shall be required to initiate work on a
separable element of a project when construction of one or more
separable elements of that project was initiated previously; it shall
be considered ongoing work. A new construction start shall not be
required for work undertaken to correct a design deficiency on an
existing federal project; it shall be considered ongoing work.
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During the budget formulation process, the Corps should give
careful consideration to the out-year budget impacts of any studies
selected as new starts and to whether there appears to be an iden-
tifiable non-federal sponsor that will be ready and able to provide,
in a timely manner, the necessary cost share for the feasibility and
PED phases. The Corps is reminded that the flood and storm dam-
age reduction and the environmental restoration mission areas can
include instances where non-federal sponsors are seeking assist-
ance with flood control and unauthorized discharges from per-
mitted wastewater treatment facilities and that the navigation mis-
sion area includes work in remote and subsistence harbor areas.
During the budget formulation process, the Corps also shall con-
sider the out-year budget impacts of any selected new starts and
the non-federal sponsor’s ability and willingness to promptly pro-
vide required cash contributions, if any, as well as required lands,
easements, rights-of-way, relocations, and disposal areas. When
considering new construction starts, the Corps should include only
those that can execute a project cost sharing agreement during the
upcoming fiscal year.
The Secretary is directed to submit to the Committee a realistic
out-year budget scenario along with the budget request for any new
start proposed in the budget request. It is understood that specific
budget decisions are made on an annual basis and that this sce-
nario is neither a request for nor a guarantee of future funding for
any project. Nonetheless, this scenario shall include an estimate of
annual funding for each new start utilizing a realistic funding sce-
nario through completion of the project, as well as the specific im-
pacts of that estimated funding on the ability of the Corps to make
continued progress on each previously funded construction project,
including impacts to the optimum timeline and funding require-
ments of the ongoing projects, and on the ability to consider initi-
ating new projects in the future. The scenario shall assume Con-
struction and Mississippi River and Tributaries account funding
levels at the average of the past three budget requests.
INVASIVE CARP
The Great Lakes and Mississippi River Interbasin Study was au-
thorized by Congress under section 3061(d) of WRDA 2007 (Public
Law 110–114). The Committee notes that the Brandon Road Lock
and Dam in Joliet, Illinois, is critical to keeping invasive carp out
of the Chicago Area Waterways System, which is the only contin-
uous connection between the Great Lakes and Mississippi River ba-
sins. The Committee appreciates that the project received a posi-
tive recommendation in the Report of the Chief of Engineers and
that funding is included in the fiscal year 2022 budget request to
continue work on PED.
As the Corps prioritizes projects, it shall consider critical projects
to prevent the spread of invasive species. The Corps is directed to
provide to the Committee quarterly updates on the progress and
status of efforts to prevent the further spread of invasive carp, in-
cluding the Brandon Road Recommended Plan and the second
array at the Chicago Sanitary and Ship Canal; the location and
density of carp populations; the use of emergency procedures pre-
viously authorized by Congress; the development, consideration,
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and implementation of new technological and structural counter-
measures; and progress on PED work.
The Corps shall continue to collaborate at levels commensurate
with previous years with the U.S. Coast Guard, the U.S. Fish and
Wildlife Service, the State of Illinois, and members of the Asian
Carp Regional Coordinating Committee, including identifying navi-
gation protocols that would be beneficial or effective in reducing
the risk of vessels inadvertently carrying aquatic invasive species,
including invasive carp, through the Brandon Road Lock and Dam
in Joliet, Illinois. Any findings of such an evaluation shall be in-
cluded in the quarterly briefings to the Committee. The Corps is
further directed to implement navigation protocols shown to be ef-
fective at reducing the risk of entrainment without jeopardizing the
safety of vessels and crews. The Corps and other federal and state
agencies are conducting ongoing research on additional potential
invasive carp solutions. The Corps is directed to provide to the
Committee not later than 30 days after enactment of this Act a
briefing on such navigation protocols and potential solutions.
AGING WATERWAY INFRASTRUCTURE
The Committee recognizes the extraordinary implications to the
local, regional, and national economy, as well as national security,
due to aging waterway infrastructure. The Committee urges the
Corps to continue to prioritize ongoing deep draft lock moderniza-
tion or replacement projects.
CONGRESSIONAL DIRECTION AND REPROGRAMMING
To ensure that the expenditure of funds in fiscal year 2022 is
consistent with congressional direction, to minimize the movement
of funds, and to improve overall budget execution, the Act incor-
porates by reference the projects and direction identified in the re-
port accompanying this Act into statue. Further, the Act carries a
legislative provision outlining the circumstances under which the
Corps may reprogram funds.
COMMITTEE RECOMMENDATION
The Committee recommends $8,657,932,000 for the Corps,
$862,932,000 above fiscal year 2021 and $1,865,432,000 above the
budget request.
A table summarizing the fiscal year 2021 enacted appropriation,
the fiscal year 2022 budget request, and the Committee-rec-
ommended levels is provided below:
(Dollars in thousands)
Account FY 2021 enacted FY 2022 request Cmte. rec.
Investigations ...................................................................... $153,000 $105,837 $155,000
Construction ........................................................................ 2,692,645 1,792,378 2,591,732
Mississippi River and Tributaries ....................................... 380,000 269,688 370,000
Operation and Maintenance ............................................... 3,849,655 2,502,901 4,817,000
Regulatory Program ............................................................ 210,000 204,400 212,000
FUSRAP ................................................................................ 250,000 ––– 250,000
Flood Control and Coastal Emergencies ............................ 35,000 35,000 35,000
Expenses ............................................................................. 206,000 199,000 208,000
Office of the Assistant Secretary of the Army for Civil
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(Dollars in thousands)
Account FY 2021 enacted FY 2022 request Cmte. rec.
Rescission ........................................................................... ¥500 ––– –––
Water Infrastructure Finance and Innovation Program ...... 14,200 ––– 14,200
Harbor Maintenance Trust Fund ......................................... ––– 1,625,856 –––
Inland Waterways Trust Fund ............................................. ––– 52,150 –––
Total, Corps of Engineers—Civil ............................... 7,795,000 6,792,500 8,657,932
INVESTIGATIONS
Appropriation, 2021 ............................................................................ $153,000,000
Budget estimate, 2022 ....................................................................... 105,837,000
Recommended, 2022 ........................................................................... 155,000,000
Comparison:
Appropriation, 2021 ........................................................................ +2,000,000
Budget estimate, 2022 .................................................................... +49,163,000
This appropriation funds studies to determine the need for, the
engineering and economic feasibility of, and the environmental and
social suitability of solutions to water and related land resource
problems; preconstruction engineering and design; data collection;
interagency coordination; and research.
The budget request for this account and the approved Committee
allowance are shown on the following table:
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Additional Funding.—The Corps is expected to allocate the addi-
tional funding provided in this account primarily to specific feasi-
bility and preconstruction engineering and design (PED) phases,
rather than to remaining items line items as has been the case in
previous work plans. When allocating the additional funding pro-
vided in this account, the Corps shall consider giving priority to
completing or accelerating ongoing studies that will enhance the
nation’s economic development, job growth, and international com-
petitiveness; are for projects located in areas that have suffered re-
cent natural disasters; are for projects that protect life and prop-
erty; or are for projects to address legal requirements. The rec-
ommendation includes sufficient additional funding to undertake a
significant amount of feasibility and PED work. The Administra-
tion is reminded that a project study is not complete until the PED
phase is complete and that no new start or new investment deci-
sion shall be required when moving from feasibility to PED.
Ala Wai Canal, Hawaii.—The Corps is directed to provide to the
Committee not later than 180 days after enactment of this Act a
briefing on this project. The Committee expects such a briefing to
address the merits of the overall project, improvements to the mod-
eling used to assess the project, efforts to engage with the local
community, and steps that can be taken to ensure the viability of
the project.
Chacon Creek, Texas.—The Corps is encouraged to include appro-
priate funding for this project in future budget submissions.
Coordination with Other Water Resource Agencies.—Additional
funds are included for continued collaboration with other federal
agencies and stakeholders on invasive species challenges.
Disposition of Completed Projects.—The Committee appreciates
the Corps working to complete disposition studies pursuant to fa-
cilities that closed as a result of Public Law 113–121. The Corps
is directed to provide to the Committee copies of disposition studies
upon completion. For Corps facilities that are deemed as excess,
the Committee supports the disposal of those facilities through the
appropriate General Services Administration process.
Economically Disadvantaged Communities.—The Committee is
aware that economically-disadvantaged communities, such as the
Rio Grande Valley in Texas, face extra burdens in addressing com-
plex flood control issues. Without federal attention, many of these
challenges may not be recognized and addressed in a timely man-
ner, possibly resulting in additional damages to property and life.
The Corps is encouraged in future budget requests to take into ac-
count economically disadvantaged communities that are prone to
hurricane storm damage and flooding when proposing new starts.
Fort Bend County, Texas.—The Corps is encouraged to continue
to work with the non-federal sponsor on plans to reduce flooding
along Mustang Bayou, including an evaluation of the Mustang
Bayou Flood and Drainage Control Project if requested. The Corps
is directed to provide to the Committee not later than 180 days
after enactment of this Act a briefing on the status of this project.
The Committee also notes that there is a threat of flooding from
high volumes of stormwater draining into Barker Reservoir. The
Corps is directed to provide to the Committee not later than 180
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days after enactment of this Act a briefing on the status of its ef-
forts to engage with Fort Bend County to address this issue.
Hartford and East Hartford, Connecticut.—The Committee un-
derstands that the Corps is completing initial appraisal reports
under section 216 of the Flood Control Act of 1970 and reminds the
Corps that WRDA 2018 directed expedited completion of feasibility
studies for flood risk management projects in Hartford and East
Hartford, Connecticut.
Kauai, Hawaii.—The Committee is aware that river levels on the
Island of Kauai continue to rise in response to more frequent ex-
treme weather and have contributed to record high flooding and
mudslides across the island. The Corps is directed to provide to the
Committee not later than 180 days after enactment of this Act a
briefing on efforts to address these issues, including any authorized
studies, timelines, challenges, and other related projects that are
required to be expedited to mitigate flood risks on the Island of
Kauai.
Lake Cypress, Florida.—The Committee continues to be aware
that high rain totals have created significant sediment flow
through the Kissimmee Chain of Lakes, resulting in a shoal that
has expanded in recent years, located at the end of the C–35 canal
in Lake Cypress, Florida. The Committee is concerned over reports
that the shoal has become a danger to navigation and strongly en-
courages the Corps to coordinate with state and local officials on
this issue.
Long Beach, Mississippi.—The Corps is reminded that the Long
Beach, Bay St. Louis and Mississippi Sound, Mississippi hurricane
and storm damage risk reduction and flood risk management feasi-
bility study was authorized in section 201 of WRDA 2020. This
study would establish the scope and identify and prioritize struc-
tural and non-structural measures for a sustainable, regional solu-
tion to hurricane, storm, and flood risks that protects lives and
property and promotes long-term economic growth in Mississippi’s
largely rural western Gulf Coast.
Louisiana Coastal Area Task Force.—The Corps is encouraged,
as appropriate, to establish the Task Force authorized by section
7004 of WRDA 2007 to improve coordination of ecosystem restora-
tion in the Louisiana Coastal Area and is reminded of the reporting
requirement in section 212 of WRDA 2020 (Public Law 116–260).
Murrieta Creek, California.—The non-federal sponsor is prepared
to work with the Corps during the General Reevaluation Report
(GRR) to develop the conceptual design for the multi-purpose basin
in order to optimize costs and benefits and facilitate interim uses
of the property. Once the GRR is complete, the Committee under-
stands that the non-federal sponsor will complete the design of the
basin and plans to seek to enter into an agreement for credit for
this project work. The non-federal sponsor is also working closely
with the Corps to update the economic analysis and include the full
range of benefits for this project in order to identify the best return
on investment for the federal government. The Corps is encouraged
to focus the GRR on identifying and optimizing the remaining fea-
tures for construction completion. The Corps is encouraged to in-
clude appropriate funding for this project in future budget submis-
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sions and to work with the non-federal sponsor to advance the
project to the next phase at the earliest practicable opportunity.
New York-New Jersey Harbor and Tributaries.—The Committee
appreciates that the budget request includes $1,450,000 to continue
this study. The Committee continues to expect the Corps to make
all necessary efforts to engage community groups and incorporate
impacts of low-frequency precipitation and sea level rise in the
study. The Corps is directed to provide to the Committee not later
than 90 days after enactment of this Act a briefing on the status
of this study.
Non-Contiguous Regional Sediment Study.—The Committee is
aware of the effects of rising sea levels on states and territories due
to climate change. The quantification of sediment resources and
pathways can provide the engineering design guidance necessary to
restore these vital coastal resources in the most cost-effective man-
ner. Additionally, a study of shorelines could assist state and local
authorities in documenting the historical shift of island shorelines,
can help in understanding areas of vulnerability, and could be used
to prioritize areas of interest. Therefore, the Committee directs the
Corps, within available funds in the National Shoreline Manage-
ment Study remaining item, to conduct a study and provide a re-
port not later than one year after enactment of this Act on how
beneficial uses of dredged material for non-contiguous states and
territories can be applied to mitigate rising sea levels, including
impacts on sensitive shoreline areas.
North Branch Ecorse Creek Watershed, Michigan.—The Com-
mittee is aware that flooding is a consistent, recurring issue in the
project area, North Branch Ecorse Creek Watershed, which has
flooded at least four times in the last four years. The repetitive
flooding is causing extensive property damage, bank instability and
erosion, sediment and nutrient loading, trash and debris loading,
in-stream habitat degradation, and loss of aesthetic and rec-
reational value.
Planning Assistance to States, Vulnerable Coastal Commu-
nities.—The Committee notes the important role the Corps plays in
managing flood risk and threats from coastal hazards and that the
Planning Assistance to States program provides in assisting with
comprehensive plans and technical assistance to eligible state, trib-
al, or U.S. territory partners. Accordingly, the recommendation pro-
vides $10,000,000 for the program. Within the funds provided, the
Corps is directed to prioritize providing planning-level technical as-
sistance to coastal federally recognized tribal communities that are
actively working to relocate homes and other critical infrastructure
to higher ground to mitigate the impacts of climate change. The
Corps is directed to provide to the Committee not later than 45
days after enactment of this Act a briefing on its efforts to comply
with this directive, how the Corps’s existing authorities can provide
assistance to coastal federally recognized tribal communities ac-
tively working to relocate their homes, and how these authorities
could be modernized to better assist these communities.
Additionally, the Committee encourages the Corps to continue
building capacity to provide this assistance to vulnerable coastal
communities, including tribal, Alaskan Native, and Native Hawai-
ian communities. The Committee encourages the Corps to consider
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the effects of sea level rise and storm surge on locations of signifi-
cance for communities that have limited options for relocation or
retreat from the coastal flood zone, including remote, coastal, or
small watershed areas when considering feasibility studies for flood
and storm damage reduction.
Principles, Requirements & Guidelines.—The Committee under-
stands that the Corps is developing Agency Specific Procedures to
implement the Principles, Requirements and Guidelines for Federal
Investments in Water Resources (PR&G) released in March 2013
and the Final Interagency Guidelines released in December 2014.
The Corps is reminded that Congress, through section 110 of
WRDA 2020, required the Corps to issue final Agency Specific Pro-
cedures originally enacted by section 2031 of WRDA 2007. This sec-
tion established a national policy for water resources projects to
maximize sustainable development, to avoid unwise use of
floodplains and flood-prone areas, and to protect and restore, and
where necessary mitigate unavoidable impacts to, natural systems.
This section also directed the Secretary to update the PR&G to in-
corporate modern advancements in economic and analytical tech-
niques and to incorporate efforts to address public safety, low-in-
come communities, nonstructural approaches to water resource de-
velopment and management, and integrative, adaptive and water-
shed approaches. The Corps is directed to fully implement the
WRDA 2020 requirement and to brief the Committee not later than
45 days of enactment of this Act on its efforts to update the Agency
Specific Procedures and again prior to finalizing the Agency Spe-
cific Procedures.
Research and Development.—The Committee encourages the
Corps to engage in monitored field trials of coastal restoration opti-
mized for blue carbon CO2 sequestration. The Corps is directed to
provide to the Committee not later than 180 days after enactment
of this Act a briefing on such efforts and how the Corps collabo-
rates with other federal and state agencies on these issues. The
Committee also encourages the Corps to collaborate with university
partners to improve the capabilities for improving the integrity and
performance of the nation’s levee systems. The recommendation
provides $4,000,000 to modernize existing Corps coastal and hy-
draulics models and integrate them to make them accessible for
use by other agencies, universities, and the public. The Committee
directs the Corps to investigate the presence, geochemistry, and po-
tential recovery of rare earth elements in dredged materials.
Research and Development, Biopolymers.—The Committee notes
the importance of earthen infrastructure such as dams and levees
to support safety, flood control, and water distribution systems and
notes the value of research into the use of biopolymers to rehabili-
tate these deteriorating structures, reduce rehabilitation and main-
tenance costs, and increase resiliency against potential threats. The
recommendation includes $6,000,000 to continue research activi-
ties.
Research and Development, Flood and Coastal Systems.—The
Committee recognizes the importance of ensuring the integrity of
our nation’s flood control systems and employing the most effective
technologies to identify potential deficiencies in these systems. The
Committee encourages the Corps to utilize partnerships to research
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and develop advanced technology to automate assessment and in-
spection of flood control systems for the purpose of identifying levee
deficiencies, such as slope instability, settlement and seepage, and
ensuring the safety of the surrounding areas and communities.
Research and Development, Freshwater Intrusions.—The Com-
mittee recognizes the need to develop tools to assess, forecast, and
proactively manage the hydrodynamic and environmental impacts
of large-scale freshwater intrusion into the Mississippi Sound and
surrounding waters. These consistent freshwater intrusions have
been detrimental to the Mississippi Sound and the U.S. blue econ-
omy. The Corps is encouraged to partner with academia with ex-
pertise in coastal processes and ocean and hydrodynamic modeling
to develop these tools.
Research and Development, Manage Emerging Threats and Resil-
ience for Flood Control Structures.—The Corps is encouraged to re-
search, test, and refine the use of rapid, repeatable, and remote
methods for long-term monitoring of critical water infrastructure
and to partner with academia to research and manage emerging
threats and attain resilience for flood control structures.
Research and Development, Modeling.—Rising sea levels, climate
change, and human activities continue to impact coastlines, rivers,
and related habitats. The recommendation provides $4,000,000 to
support ongoing research into geochemical, geophysical, and
sedimentological analysis and modeling which will help the Corps
assess strategies to mitigate these changes and to detect and pre-
vent adverse consequences of engineering solutions.
Research and Development, Ecohydraulics.—The Corps is encour-
aged to consider advancement and implementation of capabilities
regarding ecohydraulic data and models to support project planning
and engineering models for decision making and advance
ecohydraulics tools.
Research and Development, Oyster Reef Restoration.—The Com-
mittee recognizes the importance of sustainable oyster reefs for
maintaining healthy ecosystems, protecting coastal infrastructure,
and supporting commercial fisheries. Recent restoration efforts
have not achieved the intended success for U.S. oyster populations,
and the identification of effective restoration strategies remains a
critical gap. Accordingly, the recommendation provides $3,000,000
for these activities. The Corps is encouraged to develop partner-
ships with research universities to leverage their expertise to en-
hance these activities.
Research and Development, Urban Flood Damage Reduction.—
The recommendation includes $3,000,000 for the Corps to continue
its focus on the management of water resources infrastructure and
projects that promote public safety, reduce risk, improve oper-
ational efficiencies, reduce flood damage, and sustain the environ-
ment. Work should focus on unique western U.S. issues like wild-
fire, rain-on-snow, atmospheric rivers effects on flood risk manage-
ment, and bridging the connection between climate change science
and engineering application for flood risk management, emergency
management, and ecosystem management. The tools and tech-
nologies developed under this program should also be applicable to
other parts of the country.
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Rio Inabón, Ponce, Puerto Rico.—The Committee acknowledges
the interest of local and federal parties in the flood risk manage-
ment project for Rı́o Inabón, Ponce, Puerto Rico, to protect the
Ponce Mercedita Airport, one of the three main passenger gateways
to Puerto Rico. The Committee encourages the Corps to continue
working with the Puerto Rico Ports Authority and the Municipality
of Ponce to evaluate current needs and to expeditiously move for-
ward with the necessary feasibility studies to determine a course
of action.
Salton Sea, California.—The Committee recognizes the role that
the Corps plays in the restoration of the Salton Sea and encourages
the Corps to be an active participant in restoration efforts involving
federal participation, including the California Natural Resources
Agency’s Salton Sea Management Plan. The Committee notes the
Senate Environment and Public Works Committee Resolution
dated April 25, 2016, authorizing the Imperial Stream Salton Sea
study, an aquatic ecosystem restoration study on an inland lake
with associated public health risks, and encourages the Corps to in-
clude appropriate funding in future budget submissions.
San Francisco Waterfront Storm Damage Reduction Project, Cali-
fornia.—The century-old Embarcadero Seawall underpins approxi-
mately $140,000,000,000 in public and private assets and economic
activity. The Seawall is now in urgent need of repair as it stands
vulnerable to seismic risks and increasing flood risks. The Com-
mittee urges the Corps to expedite approval of the non-federal
sponsor’s exemption request and encourages timely implementation
of sections 113 and 152 of WRDA 2020.
Six-State High Plains Ogallala Aquifer Area Study.—The Com-
mittee recognizes the importance of the 1982 Six-State High Plains
Ogallala Aquifer Regional Resources Study and associated water
projects and encourages the Corps to include appropriate funding
for this study in future budget submissions.
Southeast Michigan Flooding.—The Committee is aware of the
long and persist issue of severe flooding events across the South-
east Michigan region. Within its existing authorities, the Corps is
encouraged to closely coordinate with affected communities in this
region and the State of Michigan to identify the source of these
flooding events and to help these communities mitigate future flood
disasters in this area.
Tampa Harbor, Florida.—The Committee maintains interest in
the dramatic increase in global post-Panamax vessels utilizing
Tampa Harbor. Port Tampa Bay is strategically positioned to maxi-
mize supply chain efficiencies for global maritime goods movement
and achieve significant environment and safety benefits associated
with reductions in truck miles, highway congestion, and freight
carbon pollution. The Committee commends the Corps for its deci-
sion to resume the Tampa Harbor General Reevaluation Report
(GRR), which will identify long-term channel needs, and encour-
ages the Corps to move forward expeditiously.
Tittabawassee River Watershed.—The Committee recognizes the
benefits of environment-based mitigation measures such as the cre-
ation of wetlands, conservation easements, and natural floodplains
to slow the flow rate of rivers, creeks, and streams to mitigate the
severity of future floods. The Committee encourages the Corps to
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participate and coordinate as a federal stakeholder with the De-
partment of Agriculture, Environmental Protection Agency, Federal
Emergency Management Agency, and National Oceanic and Atmos-
pheric Administration, as well as state, local, and tribal govern-
ments, and business and non-profit stakeholders, on developing
and supporting conservation and environment-based flood mitiga-
tion measures to reduce the impact of floods on communities, lives
and livelihoods within the Tittabawassee River Watershed in the
Great Lakes Bay Region.
Upper Des Plaines River and Tributaries Project, Illinois and
Wisconsin.—The Committee is aware that the project area was
flooded with record high crests overflowing the Des Plaines River,
resulting in damage to more than 3,200 residences. The Committee
urges the Corps to cooperate with the non-federal sponsor as it pre-
pares advance work on a number of flood features under section
204 of WRDA 1986.
Upper Mississippi River Basin and Northeast Iowa Flooding.—
The Committee is aware that flooding is a consistent, recurring
issue in Northeast Iowa and along the entire Upper Mississippi
River. The repetitive flooding is causing extensive property dam-
age, bank instability, and loss of agricultural and recreational
value. Within its existing authorities, the Corps is encouraged to
continue coordinating closely with affected communities in this re-
gion and to help these communities mitigate future flood disasters
in this area.
CONSTRUCTION
Appropriation, 2021 ............................................................................ $2,692,645,000
Budget estimate, 2022 ....................................................................... 1,792,378,000
Recommended, 2022 ........................................................................... 2,591,732,000
Comparison:
Appropriation, 2021 ........................................................................ ¥100,913,000
Budget estimate, 2022 .................................................................... +799,354,000
This appropriation funds construction, major rehabilitation, and
related activities for water resource projects whose principal pur-
pose is to provide commercial navigation, flood and storm damage
reduction, or aquatic ecosystem restoration benefits to the nation.
Portions of this account are funded from the Harbor Maintenance
Trust Fund and the Inland Waterways Trust Fund.
The budget request for this account and the approved Committee
allowance are shown on the following table:
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Additional Funding.—The recommendation includes additional
funds for projects and activities to enhance the nation’s economic
growth and international competitiveness.
Of the additional funding provided in this account for environ-
mental restoration or compliance and other authorized project pur-
poses, the Corps shall allocate not less than $13,530,000 for execu-
tion of comprehensive restoration plans developed by the Corps for
major bodies of water.
Of the additional funds provided in this account, the Corps shall
allocate not less than $40,000,000 to projects with riverfront devel-
opment components.
Of the additional funding provided in this account for flood and
storm damage reduction and flood control, the Corps shall allocate
not less than $40,000,000 to continue construction of projects that
principally address drainage in urban areas.
Public Law 115–123 and Public Law 116–20 included funding
within the Flood Control and Coastal Emergencies account to re-
store authorized shore protection projects to full project profile.
That funding is expected to address some of the current year capa-
bility. The recommendation includes $20,000,000 for construction of
shore protection projects. The Corps is reminded that if additional
work can be done, these projects are also eligible to compete for ad-
ditional funding for flood and storm damage reduction.
When allocating the additional funding provided in this account,
the Corps is encouraged to evaluate authorized reimbursements in
the same manner as if the projects were being evaluated for new
or ongoing construction and shall consider giving priority to the fol-
lowing:
• benefits of the funded work to the national economy;
• extent to which the work will enhance national, regional,
or local economic development;
• number of jobs created directly and supported in the sup-
ply chain by the funded activity;
• significance to national security, including the strategic
significance of commodities;
• ability to obligate the funds allocated within the fiscal
year, including consideration of the ability of the non-federal
sponsor to provide any required cost share;
• ability to complete the project, separable element, or
project phase with the funds allocated;
• legal requirements, including responsibilities to tribes;
• for flood and storm damage reduction projects, including
authorized nonstructural measures and periodic beach re-
nourishments,
» population, economic activity, or public infrastructure
at risk, as appropriate; and
» the severity of risk of flooding or the frequency with
which an area has experienced flooding;
• for shore protection projects, projects in areas that have
suffered severe beach erosion requiring additional sand place-
ment outside of the normal beach renourishment cycle or in
which the normal beach renourishment cycle has been delayed,
and projects in areas where there is risk of environmental con-
tamination;
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• for mitigation projects, projects with the purpose to ad-
dress the safety concerns of coastal communities impacted by
federal flood control, navigation, and defense projects;
• for navigation projects, the number of jobs or level of eco-
nomic activity to be supported by completion of the project,
separable element, or project phase;
• for projects cost shared with the Inland Waterways Trust
Fund (IWTF), the economic impact on the local, regional, and
national economy if the project is not funded, as well as dis-
crete elements of work that can be completed within the fund-
ing provided in this line item;
• for other authorized project purposes and environmental
restoration or compliance projects, to include the beneficial use
of dredged material; and
• for environmental infrastructure projects, projects with the
greater economic impact, projects in rural communities,
projects in communities with significant shoreline and in-
stances of runoff, projects in or that benefit counties or par-
ishes with high poverty rates, projects in financially distressed
municipalities, projects that improve stormwater capture capa-
bilities, and projects that will provide substantial benefits to
water quality improvements.
The recommendation provides a total of $90,000,000 of estimated
annual revenues in the IWTF, including those projects listed in the
‘‘Projects Listed Under States’’ table. The Corps shall allocate all
funds provided in the IWTF Revenues line item along with the
statutory cost share from funds provided in the Navigation line
item prior to allocating the remainder of funds in the Navigation
line item.
Aquatic Plant Control Program.—Of the additional funding pro-
vided for the Aquatic Plant Control Program, $17,000,000 shall be
for watercraft inspection stations, as authorized in section 104 of
the River and Harbor Act of 1958, equally distributed to carry out
subsections (d)(1)(A)(i), (d)(1)(A)(ii), and (d)(1)(A)(iii), and
$3,000,000 shall be for related monitoring, as authorized by section
1170 of the America’s Water Infrastructure Act of 2018. Additional
funding is also provided for nationwide research and development
to address invasive aquatic plants, and activities for monitoring,
surveys, and control of flowering rush and hydrilla verticillate. The
recommendation also provides $150,000 to commence activities au-
thorized under section 509 of WRDA 2020, and the Corps is di-
rected to provide to the Committee prior to the obligation of any
funds for this purpose a briefing on how it will implement this pro-
gram. Lastly, the recommendation provides additional funding for
activities authorized by section 505 of WRDA 2020, and the Corps
is directed to provide to the Committee prior to the obligation of
any funds a briefing on how it will implement this program.
Beneficial Use of Dredged Material Pilot Program.—The Com-
mittee provides $4,300,000 to continue the pilot projects to dem-
onstrate the economic benefits and impacts of environmentally sus-
tainable maintenance dredging methods that provide for ecosystem
restoration and resilient protective measures. Cost sharing for
these projects shall be in accordance with subsection (e) of section
1122 of the Water Infrastructure Improvements for the Nation
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(WIIN) Act of 2016 (Public Law 114–322). The Committee con-
tinues to support the pilot program to carry out beneficial use of
dredged sediment and notes the selection of the Resilient San
Francisco Bay Pilot Project. The Committee is aware of the non-
federal sponsor’s desire to proceed with the full proposal phased
over a number of years. The Committee urges the Corps to include
appropriate funding in future budget requests for these efforts.
Calaveras County, California.—The Corps is reminded that the
wastewater treatment facility within the Calaveras County Water
District is a critical health and safety need in this rural, moun-
tainous, and underserved community.
Caño Martı́n Peña, Puerto Rico.—The Committee notes the envi-
ronmental degradation and persistent flooding that disadvantages
communities abutting the channel, as evidenced by Hurricanes
Irma and Maria, and appreciates that the budget request included
$2,150,000 for this project. The Committee continues to recognize
the significance of the project and its importance for economic revi-
talization, public health, incidental flood protection, and in restor-
ing a critical watershed and the natural functioning of the tidal
system in the San Jose Lagoon and the San Juan Bay Estuary. The
Committee notes the substantial time and effort dedicated to ad-
vance the project and encourages the Corps to include appropriate
funding for this project in future budget submissions and to work
with the non-federal sponsor in support of this project. The Corps
is directed to provide to the Committee not later than 90 days after
enactment of this Act an update on the status of this project.
Chesapeake Bay Comprehensive Water Resources and Restoration
Plan.—The Committee is supportive of the Chesapeake Bay Com-
prehensive Water Resources and Restoration Plan.
Chesapeake Bay Oyster Recovery, Maryland and Virginia.—The
Committee is supportive of the Corps’ work on the Chesapeake Bay
Oyster Recovery program and urges the Corps to include appro-
priate funding in future budget requests for these efforts.
Continuing Authorities Program (CAP).—The Committee con-
tinues to support all sections of the Continuing Authorities Pro-
gram. Funding is provided for eight CAP sections at a total of
$61,000,000. This program provides a useful tool for the Corps to
undertake small localized projects without the lengthy study and
authorization process typical of larger Corps projects. The manage-
ment of CAP should continue consistent with direction provided in
previous fiscal years. Within the section 1135 CAP authority, and
to the extent already authorized by law, the Corps is reminded that
projects that restore degraded wetland habitat and stream habitats
impacted by construction of Corps levees or channels and projects
that will divert significant pollutant nutrient runoff from entering
wetland habitats are eligible to compete for funding.
Continuing Contracts.—The Corps is authorized by section 621 of
title 33, United States Code to execute its Civil Works projects
through the use of a Special Continuing Contract Clause as de-
scribed in Engineering Circulars 11–2–221 and 11–2–222. This per-
mits the Corps to award the entire contract and fund the contract
incrementally until completion. This acquisition strategy is well-
suited to large, multi-year projects, including those with life safety,
national security, or legal concerns, and is being used successfully
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at multiple projects nationwide. The Administration is directed to
resume using its existing continuing contract authorities to the
fullest extent and in accordance with the general provisions in this
Act as an efficient approach to managing large, multi-year projects.
Everglades Agricultural Area.—The Committee recognizes the
importance of the Everglades Agricultural Area Storage Reservoir
to South Florida ecosystem restoration and efforts to combat harm-
ful algal blooms in the greater Everglades region. The Committee
urges the Corps to complete this project in a timely manner.
Howard Hanson Dam, Washington.—The Committee notes that
$3,000,000 was included in the fiscal year 2020 work plan to begin
the design and cost update needed to resume work on the construc-
tion of a downstream fish passage facility as mandated by the 2019
Biological Opinion. The Committee supports these efforts and is
pleased that the Corps and the project sponsor continue to make
progress. The Committee directs the Corps to continue to work ex-
peditiously on this project in order to meet the 2030 deadline estab-
lished in the Biological Opinion.
Hudson Raritan Estuary, New Jersey.—The Committee recog-
nizes the importance of the Hackensack Meadowlands, New Jersey
Ecosystem Restoration Project within the Hudson Raritan Estuary
and encourages the Corps to closely collaborate with the non-fed-
eral partners to ensure the required match is available to advance
this project.
Lakes Marion and Moultrie, South Carolina.—The Committee
recognizes the importance of continued progress on the Lakes Mar-
ion and Moultrie regional water supply project and encourages the
Corps to include appropriate funding in future budget submissions.
Lake Isabella, California.—The Committee is aware the Corps, in
conjunction with the U.S. Forest Service (USFS), is in the process
of building a replacement USFS visitor center at Lake Isabella,
California, as part of the Isabella Lake Dam Safety Modification
Project. In April 2021, the Corps established a schedule, in conjunc-
tion with the USFS, that included commencing construction by
March 31, 2023. The Committee commends the Corps for com-
pleting environmental reviews for this project on schedule but re-
mains concerned about the long delay with this project overall. Ac-
cordingly, the Committee directs the Corps to adhere to its own es-
tablished schedule to the maximum extent practicable and to work
with the USFS to ensure engagement of local community stake-
holders throughout the design phase of the project.
New Program Requested in the Budget Proposal.—The budget re-
quest includes $10,000,000 for an Innovative Funding Partnerships
Program to be used along with funds from non-federal interests ‘‘in
excess of the non-federal sponsor’s statutory cost share require-
ments’’ to accelerate certain authorized projects. The Committee is
disturbed by this blatant attempt to require funding in excess of
legally required cost share as a criterion for funding decisions,
which is contrary to long-standing congressional direction. The
Committee provides no funds for this proposal. The Committee
notes, however, that any project that could have received funding
under such a program is eligible to compete for the additional fund-
ing provided in this account based on the project performance cri-
teria described in this report.
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New Savannah Bluff Lock and Dam, Georgia and South Caro-
lina.—The Committee maintains interest in the New Savannah
Bluff Lock and Dam and encourages the Corps to work expedi-
tiously toward a resolution that will ensure existing water levels
are maintained, as required in section 1319 of the WIIN Act of
2016.
Non-Federal Implementation Pilot Program.—The Committee
recognizes that section 1043 of WRRDA 2014 (Public Law 113–121)
was reauthorized and amended in WRDA 2020. The Committee re-
mains concerned about this pilot program and directs the Corps to
provide to the Committee not later than 45 days after enactment
of this Act a briefing on the status of the implementation guidance
and the path forward for this program.
North Canadian River, Oklahoma.—The Committee notes that
periodic flooding along the North Canadian River in Jones, Okla-
homa, has caused significant erosion that has forced the closure of
the North Triple X Road bridge. The Committee encourages the
Corps to work collaboratively with the City of Jones and Oklahoma
County should a request be made regarding work to mitigate river-
bank erosion.
Pinellas County, Florida.—The Committee notes the importance
of periodic shoreline restoration and its significance for the protec-
tion of public safety, public infrastructure, native vegetation and
wildlife, and the local economy. The Committee is aware of the con-
cerns regarding perpetual easements along the entire expanse of
this project. The Committee encourages the Corps to work with
local governments to incorporate flexibility that allows for incre-
mental acquisition of easements necessary for the construction of
the scheduled nourishment.
Port of Brownsville Deepening Project, Texas.—The Port of
Brownsville, Texas, is undergoing a project to deepen the channel
from 42 to 52 feet. The Committee recognizes that the project has
a high benefit to cost ratio and an enthusiastic non-federal sponsor.
The Corps is encouraged to include appropriate funding for this
project in future budget submissions.
Public Law 115–123 (LERRDs).—The Corps has authority to per-
form acquisition of required lands, easements, rights-of-ways, relo-
cations, and disposal areas (LERRDs) on behalf of a non-federal
sponsor under certain circumstances. The Committee strongly en-
courages the Corps to evaluate such requests from non-federal
sponsors of projects funded under Public Law 115–123.
Sacramento Region, California.—The Corps is encouraged to
work expeditiously toward Title I of Public Law 115–270 and Divi-
sion AA of Public Law 116–260, which directed the Corps to expe-
dite levee construction projects and completion of feasibility studies
in the greater Sacramento region to improve levee integrity and
flood protection and build greater system resiliency. The Com-
mittee expects that the Corps will recognize the continued flooding
threat within the greater Sacramento region and encourages the
Corps to include appropriate funding for design and construction
activities for flood risk management projects, including the initi-
ation of new construction where appropriate, in future budget sub-
missions.
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Salton Sea, California.—The Committee encourages the Corps to
expeditiously move forward to carry out section 3032 of Public Law
110–114.
San Juan Harbor, Puerto Rico.—The Committee notes the impor-
tance of this project for the economic and social recovery of Puerto
Rico. The project would address deepening and widening the chan-
nels, accommodate existing and future vessel movement, resolve
navigation restriction problems, and allow opportunities for eco-
nomic development. The Committee encourages the Corps to con-
tinue working with the non-federal sponsor to advance the project
at the earliest practicable opportunity. The Committee further en-
courages the Corps to include appropriate funding in future budget
submissions.
Soo Locks, Sault Ste. Marie, Michigan.—The Committee recog-
nizes that the Soo Locks on the St. Mary’s River at Sault Ste.
Marie, Michigan, are the only waterway connection from Lake Su-
perior to the rest of the Lower Great Lakes and the St. Lawrence
Seaway. The Committee understands that a failure at the Soo
Locks could have a significant impact on national security. The
Committee supports the ongoing construction of a second 1,200-foot
lock and believes such a lock is necessary to maintain redundancy
and resiliency at the Soo Locks and further protects our national
defense priorities. The Committee supports the budget request for
construction of the new lock.
South Florida Ecosystem Restoration, Florida.—As in previous
years, the Committee provides funding for all study and construc-
tion authorities related to Everglades restoration under the line
item titled ‘‘South Florida Ecosystem Restoration, Florida.’’ This
single line item allows the Corps flexibility in implementing the
numerous activities underway in any given fiscal year.
United States Virgin Islands.—The Committee notes that per-
sistent flooding has harmed communities and infrastructure in the
territory, as evidenced by Hurricanes Irma and Maria. The Com-
mittee is disappointed that none of the supplemental appropria-
tions made available under Public Law 115–123 were allocated for
flood risk management projects in the U.S. Virgin Islands. The
Corps is reminded that it may fund such projects out of remaining
construction funds provided under Public Law 115–123, in a work
plan, or in future budget requests.
MISSISSIPPI RIVER AND TRIBUTARIES
Appropriation, 2021 ............................................................................ $380,000,000
Budget estimate, 2022 ....................................................................... 269,688,000
Recommended, 2022 ........................................................................... 370,000,000
Comparison:
Appropriation, 2021 ........................................................................ ¥10,000,000
Budget estimate, 2022 .................................................................... +100,312,000
This appropriation funds planning, construction, and operation
and maintenance activities associated with projects to reduce flood
damage in the lower Mississippi River alluvial valley below Cape
Girardeau, Missouri.
The budget request for this account and the approved Committee
allowance are shown on the following table:
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Additional Funding.—When allocating the additional funding
provided in this account, the Corps shall consider giving priority to
completing or accelerating work that will enhance the nation’s eco-
nomic development, job growth, and international competitiveness
or are for studies or projects located in areas that have suffered re-
cent natural disasters. While this funding is shown under remain-
ing items, the Corps shall use these funds in Investigations, Con-
struction, and Operation and Maintenance, as applicable.
Comprehensive Watershed Management Studies.—The Committee
urges the Corps to move forward expeditiously to optimize Corps
operational procedures by modernizing multi-state watershed man-
agement regimes, such as through efforts like the study described
in section 213 of WRDA 2020. The section 213 study was author-
ized under the requirements, including cost share, of the Mis-
sissippi River and Tributaries project.
Lower Mississippi River Main Stem.—The budget request pro-
poses to consolidate several activities across multiple states into
one line item. The Committee does not support this change and in-
stead continues to fund these activities as separate line items.
Mississippi River Commission.—No funding is provided for this
new line item. The Corps is directed to continue funding the costs
of the commission from within the funds provided for activities
within the Mississippi River and Tributaries project.
OPERATION AND MAINTENANCE
Appropriation, 2021 ............................................................................ $3,849,655,000
Budget estimate, 2022 ....................................................................... 2,502,901,000
Recommended, 2022 ........................................................................... 4,817,000,000
Comparison:
Appropriation, 2021 ........................................................................ +967,345,000
Budget estimate, 2022 .................................................................... +2,314,099,000
This appropriation funds operation, maintenance, and related ac-
tivities at water resource projects the Corps operates and main-
tains. Work to be accomplished consists of dredging, repair, and op-
eration of structures and other facilities as authorized in various
River and Harbor, Flood Control, and Water Resources Develop-
ment Acts. Related activities include aquatic nuisance control,
monitoring of completed projects, removal of sunken vessels, and
the collection of domestic, waterborne commerce statistics. Portions
of this account are financed through the Harbor Maintenance Trust
Fund.
The budget request for this account and the approved Committee
allowance are shown on the following table:
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Additional Funding for Ongoing Work.—Of the additional fund-
ing provided in this account, the Corps shall allocate not less than
$7,500,000 to complete water control manual updates at projects
identified on the comprehensive list developed by the Corps ref-
erenced in this account under the heading ‘‘Water Control Manu-
als’’, including in regions impacted by atmospheric rivers and
where enhanced forecasting can improve water operations.
When allocating the additional funding provided in this account,
the Corps shall consider giving priority to the following:
• ability to complete ongoing work maintaining authorized
depths and widths of harbors and shipping channels, including
where contaminated sediments are present;
• ability to address critical maintenance backlog;
• presence of the U.S. Coast Guard;
• extent to which the work will enhance national, regional,
or local economic development, including domestic manufac-
turing capacity;
• extent to which the work will promote job growth or inter-
national competitiveness;
• number of jobs created directly by the funded activity;
• ability to obligate the funds allocated within the fiscal
year;
• ability to complete the project, separable element, project
phase, or useful increment of work within the funds allocated;
• ability to address hazardous barriers to navigation due to
shallow channels;
• risk of imminent failure or closure of the facility;
• improvements to federal breakwaters and jetties where ad-
ditional work will improve the safety of navigation and sta-
bilize infrastructure to prevent continued deterioration; and
• for harbor maintenance activities,
» total tonnage handled;
» total exports;
» total imports;
» dollar value of cargo handled;
» energy infrastructure and national security needs
served;
» designation as strategic seaports;
» maintenance of dredge disposal facilities;
» lack of alternative means of freight movement; and
» savings over alternative means of freight movement.
Aquatic Nuisance Control Research Program.—The recommenda-
tion provides $8,000,000 to supplement activities related to harm-
ful algal bloom research and control, and the Committee directs the
Corps to target freshwater ecosystems. The Committee is aware of
the need to develop next generation ecological models to maintain
inland and intracoastal waterways and provides $5,600,000 for this
purpose. The recommendation provides $4,000,000 to establish the
Harmful Algal Bloom Demonstration Program, as authorized by
WRDA 2020, and the Corps is directed to provide to the Committee
prior to the obligation of any funds a briefing on how it will imple-
ment this program. Within additional funds provided, the Corps is
encouraged to support research that will identify and develop im-
proved strategies for early detection, prevention, and management
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techniques and procedures to reduce the occurrence and impacts of
harmful algal blooms in the nation’s water resources. The Corps is
urged to work collaboratively with university partners as appro-
priate to address these issues.
The Committee encourages the Corps to facilitate collaboration
with university partners to assess the impacts of environmental
triggers in riverine ecosystems to advance prediction, avoidance,
and remediation efforts for harmful algal blooms.
The Committee encourages the Corps to conduct research into
environmental triggers that initiate harmful algal blooms, how up-
stream inputs influence development, and how triggers vary across
regions.
Asset Management/Facilities Equipment Maintenance Pro-
gram.—The recommendation provides $2,000,000 above the budget
request for research on novel approaches to repair and mainte-
nance practices that will increase civil infrastructure intelligence
and resilience.
Beneficial Use of Dredged Material.—Section 125 of WRDA 2020
directs the Corps to include the economic benefits and efficiencies
of beneficial use of dredged material, including the use of alter-
native dredging equipment and dredging disposal methods, when
calculating economic and environmental benefits of the beneficial
use of dredged material. The Corps is directed to provide to the
Committee not later than 90 days after enactment of this Act a
briefing on its efforts to comply with this provision.
Chicago Sanitary and Ship Canal Dispersal Barrier.—The Com-
mittee notes the Chicago Sanitary and Ship Canal (CSSC) dis-
persal barrier at Des Plaines River is a key control mechanism for
protecting the Great Lakes from invasive carp. Over the last dec-
ade, the Corps has invested significant resources in building a per-
manent electric barrier on the Chicago Area Waterways System.
The Committee appreciates that the Corps allocated resources to
complete construction of the second array at the CSSC in fiscal
year 2021. The Committee notes that maximizing effectiveness of
the CSSC can have significant immediate benefits for preventing
spread of aquatic invasive species into the productive and eco-
logically diverse Great Lakes system.
Contaminated Sediment.—Section 312 of WRDA 1990 provides
for the removal of contaminated sediment for the purpose of envi-
ronmental enhancement and water quality improvement. The Com-
mittee is aware that the Corps has been constrained in its use of
section 312 due to liability concerns when dredging contaminated
sediment. As such, the Committee directs the Corps, when nec-
essary to exercise its section 312 authority, to enter into agree-
ments with states and localities whereby those states and localities
shall assume any liability concerns.
District Realignment Activities.—The Committee acknowledges
the transfer of civil works missions at T.J. O’Brien and Lockport
Locks from the Rock Island District to the Chicago District. The
Committee understands that the transfer of two additional locks
from the Rock Island District to the Chicago District will be consid-
ered in 2022 and strongly encourages the Corps to conduct robust
stakeholder outreach prior to reaching any determination on the
transfer of these locks. Additionally, the Corps is directed to notify
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the Committee when the review commences. The Corps is directed
to provide to the Committee not later than 90 days after enactment
of this Act a report on the long-term workload viability on both the
Rock Island District and Chicago District.
Dredging Operations Technical Support Program.—Additional
funding is included for the further development of the Integrated
Navigation Analysis and Visualization platform related to the oper-
ation and maintenance of the U.S. Marine Transportation System.
Emerging Harbor Projects.—The recommendation includes fund-
ing for individual projects defined as emerging harbor projects in
section 210(f)(2) of WRDA 1986 that exceeds the funding levels en-
visioned in sections 210(c)(3) and 210(d)(1)(B)(ii) of WRDA 1986.
Engineering with Nature.—The recommendation provides
$20,000,000 for the Engineering With Nature initiative which en-
ables more sustainable delivery of economic, social, and environ-
mental benefits associated with water resources infrastructure and
involves the intentional alignment of natural and engineering proc-
esses to efficiently and sustainably deliver economic, environ-
mental, and social benefits through collaborative processes.
The Committee notes that using nature-based systems to adapt
to and account for rapidly changing environmental conditions may
lengthen the lifespan of infrastructure, improve readiness, and
lower long-term infrastructure investment. Of the funding provided
in this remaining item, up to $5,000,000 is provided to employ na-
ture-based tools and principles to support civil works flood control
and ecosystem management planning objectives and operations in
the Chesapeake Bay.
Federal Breakwaters and Jetties.—The Corps is directed to con-
tinue to assess the inventory of the structural condition of federal
breakwaters and jetties protecting harbors and inland harbors
using available funds from fiscal year 2021. The Corps is directed
to provide to the Committee not later than 90 days after enactment
of this Act an update on the status of the report and inventory that
summarizes the available data.
Hamilton Wetlands, California.—The Committee understands
the non-federal sponsor for the Hamilton Wetlands Restoration
Project is working with the Corps to amend the Project Cooperation
Agreement to include the authorized Bel Marin Keys project as a
portion of the overall project. The Corps is encouraged to work with
the non-federal sponsor to develop and execute an agreement that
keeps the total project cost within the authorized amount in a
timely manner.
Harmful Algal Bloom and Hypoxia Research and Control Act.—
When Congress passed the Harmful Algal Bloom and Hypoxia Re-
search and Control Act (HABHRCA), it created a task force in-
tended to coordinate the federal response to harmful algal bloom
activities. The Corps possesses key research, management, and
control capabilities in assisting the fight against harmful algal
blooms. The Corps is directed to provide to the Committee not later
than 120 days after enactment of this Act a briefing with an up-
date on how the Corps is using its expertise to target a strategic
response to the harmful algal blooms in various parts of the nation,
including its role in the interagency HABHRCA Task Force. The
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Corps is encouraged to continue high level participation in the
HABHRCA Task Force.
Hiram M. Chittenden Locks, Washington.—The Committee recog-
nizes the importance of the Hiram M. Chittenden Locks for public
safety, the environment, and the regional economy. The Corps is
reminded that this project is eligible to compete for additional
funding provided in this account.
Lake Okeechobee, Florida.—In accordance with section 1106 of
the America’s Water Infrastructure Act of 2018 (Public Law 115–
270), the Corps is currently updating the Lake Okeechobee System
Operating Manual to take into consideration the upcoming comple-
tion of the Herbert Hoover Dike and related Everglades restoration
projects. As the Corps continues the public scoping process and ini-
tial formulation, the Corps is encouraged to use the best available
science and appropriately weigh the concerns of all water users to
ensure the ecosystem is preserved, water supply for the eight mil-
lion residents in South Florida is maintained, and the safety of all
residents of the region is upheld.
Levee Safety.—The Committee notes that the Corps has author-
ization to carry out certain levee safety initiatives that are funded
within two remaining items: the National (Levee) Flood Inventory
and Inspection of Completed Federal Flood Control Projects. The
Committee supports the budget request to fund the National Levee
Flood Inventory remaining item at the capability amount, and the
Committee notes that, in fiscal year 2022, all activities associated
with the National Levee Safety Program will be funded from this
remaining item. All activities for the Inspection of Completed Fed-
eral Flood Control Projects remaining item were funded in the
budget request and shall be used for the assessment of high risk
federally authorized levees. The Corps is directed to provide to the
Committee not later than 90 days after enactment of this Act a
briefing on its efforts to implement these initiatives. Additionally,
the Corps is directed to provide to the Committee not later than
90 days after enactment of this Act a report detailing how it will
comply with section 131 of WRDA 2020.
Mississippi River Basin Coordination.—The Committee continues
to urge the Corps to participate and coordinate as an essential fed-
eral stakeholder with the Environmental Protection Agency’s devel-
opment of the Mississippi River Restoration and Resiliency Strat-
egy, as urged in the fiscal year 2021 Act. The Corps is also encour-
aged to engage with the U.S. Geological Survey as it hosts the Mis-
sissippi River Science Forum and to contribute to the proceedings
as a federal agency with relevant scientific expertise.
Mississippi River Navigation System.—The Committee notes the
important role small shallow draft ports play in ensuring the prop-
er function of the Mississippi River navigation system. The Corps
is reminded that these activities are eligible to compete for addi-
tional funding provided in this account.
Monitoring of Completed Navigation Projects, Structural Health
Monitoring.—The recommendation provides $4,000,000 to support
the structural health monitoring program to facilitate research to
maximize operations, enhance efficiency, and protect asset life
through catastrophic failure mitigation.
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Mount St. Helens Sediment Monitoring.—Yearly sediment moni-
toring at Mt. St. Helens is an important federal responsibility to
ensure that water levels on the Lower Cowlitz River do not threat-
en downstream communities of Cowlitz County, Washington. The
Committee commends the Corps for including funding for sediment
monitoring activities in the budget request and encourages the
Corps to include appropriate funding for these activities in future
budget submissions.
Okatibbee Lake, Mississippi.—The Committee remains aware of
significant shoreline sloughing and erosion at this project caused by
severe storms and the resulting changing water levels, which have
the potential to impact infrastructure, damage property, and put
lives at risk. The Corps is reminded that addressing shoreline
sloughing and erosion at a Corps project, including at locations
leased by non-federal entities, is an activity eligible to compete for
additional funding provided in this account.
Ohio Harbors.—Toledo Harbor and the channel at the mouth of
western Lake Erie serves as a major thoroughfare to the Great
Lakes navigation system, supporting manufacturing and commerce
throughout the region. The Corps is reminded that Toledo and San-
dusky Harbors are eligible to compete for additional funding in this
account and that Lorain and Huron Harbors are small draft har-
bors that are eligible to compete for additional funds in this ac-
count.
Performance Based Budgeting Support Program.—Of the funding
provided for this remaining item, $2,500,000 shall be used to sup-
port performance-based methods that enable robust budgeting of
the hydropower program through better understanding of operation
and maintenance impacts leveraging data analytics.
Prado Dam Spillway Mural.—The Committee is aware of ongo-
ing efforts to remove the existing lead-based paint mural on the
Prado Dam Spillway and restore the mural to its original state
using safe, non-toxic paint. The Committee directs the Corps to re-
move the existing lead paint as quickly as possible and to expedi-
tiously execute a license agreement with the local sponsor in River-
side County that would allow the mural to be repainted. The Com-
mittee expects the Corps to coordinate lead paint removal with the
execution of a license agreement to ensure the mural can be re-
stored soon after the lead paint is removed.
Recreational Facilities.—The Corps is one of the nation’s largest
providers of conventional outdoor recreation opportunities and
ranks first among federal providers of outdoor recreation. The Com-
mittee recognizes the important role that the Corps plays in pro-
viding recreational opportunities to the public. The Corps is encour-
aged to recognize the importance of concessionaires at their rec-
reational facilities and to work with them on ways to improve rec-
reational facilities. The Corps is directed to provide to the Com-
mittee not later than 90 days after enactment of this Act a report
that includes an analysis of current lease terms and the effects
these terms have on concessionaire financing.
The Committee is aware of the importance that waterborne
transportation systems play in helping enhance a community’s eco-
nomic competitiveness and recognizes how essential water re-
sources are in improving the lives of those living and working along
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our nation’s navigable waterways, including the Alabama and
Coosa Rivers project in Alabama. The Corps is encouraged to work
across all Corps districts and with local stakeholders to ensure that
small boat access channels and recreational facilities, in accordance
with previously approved operations and maintenance dredging
and disposal plans, can be utilized in a safe, reliable, and efficient
manner. The Committee supports efforts to address racial equity
and social justice issues and encourages the Corps to prioritize
projects that provide opportunities for low income, racial, and eth-
nic minority communities.
Regional Dredge Contracting.—In accordance with section 1111
of the America’s Water Infrastructure Act of 2018 (Public Law 115–
270) and the Gulf Coast Regional Dredge Demonstration Program
established by Public Law 116–94, the Corps is encouraged to enter
into regional contracts to support increased efficiencies in the de-
ployment of dredges for all civil works mission sets, prioritizing
deep draft navigational projects.
Repair and Restoration of Embankments.—In accordance with
section 147 of WRDA 2020, the Corps is encouraged to assess the
cause of damages to embankments adjacent to shorelines of res-
ervoir projects owned and operated by the Corps and to participate
in the repair and restoration of the embankment as appropriate.
The Corps is reminded that Waco Lake, Texas, is eligible to com-
pete for additional funding provided in this account.
River Commissions.—The Congress has made clear its intent
that the Susquehanna, Delaware and Potomac River Basin Com-
missions be supported, and the Corps is encouraged to budget ac-
cordingly in future budget submissions.
Seven Oaks Dam, California.—The Committee is aware that non-
federal entities are working with the Corps in an effort to operate
the Seven Oaks Dam, California, in a manner that would allow
water agencies along the Santa Ana River to capture water re-
leased from the dam and recharge it into the groundwater basin.
The Committee encourages the Corps to work with non-federal en-
tities to coordinate releases of water behind the dam in a manner
that protects water quality, ensures that it can be diverted for
water supply purposes, and provides advance notice to ensure habi-
tat conservation efforts are protected.
Sustainable Temporary Power.—The Committee is aware the
Corps utilizes mobile diesel generators as a power source in the
execution of its civil works and emergency response missions. The
Committee encourages the Corps to explore the use of hybrid solar,
battery, and diesel technology in its use of mobile generators for
these purposes. The Corps is encouraged to coordinate with other
agencies and the private sector as to research options and innova-
tive solutions on these activities and is directed to provide to the
Committee not later than 30 days after enactment of this Act a
briefing on its findings.
Tampa Harbor, Florida.—The Committee recognizes the dra-
matic increase in global post-panamax vessels utilizing Tampa
Harbor and the need to maintain the main federal channel at its
authorized depth to accommodate these vessels. The Corps is re-
minded that Tampa Harbor is eligible to compete for additional
funding provided in this account.
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Upper St. Anthony Falls, Minnesota.—The cross over wall at the
Upper St. Anthony Falls is experiencing seepage that is deterio-
rating the concrete wall. WRDA 2020 encouraged the Corps to con-
tinue to operate and maintain the Upper St Anthony Falls Lock
and Dam. The Corps is further reminded that the Upper St. An-
thony Falls project remains an authorized federal project that re-
quires routine maintenance and is eligible to compete for additional
funding provided in this account.
Water Control Manuals.—The Committee recognizes that many
water control manuals are in need of updates, particularly in light
of recent dam disasters and improvements in forecast-informed res-
ervoir operations (FIRO). The Corps received funding in fiscal
years 2020 and 2021 to develop a comprehensive list of water con-
trol manuals at Corps-owned projects located in states where a
Reclamation project is also located, including a prioritized list of
needed updates of those manuals. If needed, funds shall also be
used to operationalize a FIRO-compatible component of the Corps
Water Management System to process ensemble and synthetic fore-
casts to ensure continuous implementation of improvements in
forecast skill for water operations. The Corps is directed to brief
the Committee prior to executing any water control manual up-
dates.
Water Operations Technical Support (WOTS).—The recommenda-
tion includes $5,000,000 in addition to the budget request to con-
tinue research into atmospheric rivers first funded in fiscal year
2015 and to continue developing and incorporating improved
weather forecasting for Corps reservoir and waterway projects
through this multiagency, multidisciplinary research effort.
REGULATORY PROGRAM
Appropriation, 2021 ............................................................................ $210,000,000
Budget estimate, 2022 ....................................................................... 204,400,000
Recommended, 2022 ........................................................................... 212,000,000
Comparison:
Appropriation, 2021 ........................................................................ +2,000,000
Budget estimate, 2022 .................................................................... +7,600,000
This appropriation provides funds to administer laws pertaining
to the regulation of activities affecting U.S. waters, including wet-
lands, in accordance with the Rivers and Harbors Appropriation
Act of 1899, the Clean Water Act, and the Marine Protection, Re-
search, and Sanctuaries Act of 1972. Appropriated funds are used
to review and process permit applications, ensure compliance on
permitted sites, protect important aquatic resources, and support
watershed planning efforts in sensitive environmental areas in co-
operation with states and local communities.
Permit Application Backlogs.—Additional funding is provided in
this account to address staffing shortages and reduce permit appli-
cation backlogs, including in the Northwestern Division. The Corps
is directed to brief the Committee quarterly on these efforts begin-
ning not later than 45 days of enactment of this Act. The Corps is
to include in these briefings information on how the funding is to
be utilized by the Northwestern Division to ensure the timely proc-
essing of shellfish aquaculture permitting activities.
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Chehalis Basin.—The Committee is aware that flooding has long
been a problem in the Chehalis Basin and encourages the Corps to
continue to work in coordination with the non-federal sponsor on
plans to reduce flooding in the basin. The Corps is directed to con-
tinue to provide quarterly briefings to the Committee.
Regional General Permits.—The Committee urges the Corps and
the National Marine Fisheries Service to continue to evaluate ap-
propriate mitigation options for Seattle District Regional General
Permits that take into consideration improvements to existing
structures.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
Appropriation, 2021 ............................................................................ $250,000,000
Budget estimate, 2022 ....................................................................... –––
Recommended, 2022 ........................................................................... 250,000,000
Comparison:
Appropriation, 2021 ........................................................................ –––
Budget estimate, 2022 .................................................................... +250,000,000
This appropriation funds the cleanup of certain low-level radio-
active materials and mixed wastes located at sites contaminated as
a result of the nation’s early efforts to develop atomic weapons.
The Committee again rejects the budget request proposal to
transfer the Formerly Utilized Sites Remedial Action Program
(FUSRAP) to the Department of Energy. The Congress inten-
tionally transferred FUSRAP from the Department to the Corps in
fiscal year 1998. In appropriating FUSRAP funds to the Corps, the
Committee transferred only the responsibility for administration
and execution of cleanup activities at FUSRAP sites where the De-
partment had not completed cleanup. The Committee did not trans-
fer to the Corps ownership of and accountability for real property
interests, which remain with the Department. The Corps is di-
rected to submit its fiscal year 2023 budget request using this
budget structure.
The Committee remains pleased with the current cooperation be-
tween the Corps and the Department in carrying out the program
and expects the Department to continue to provide its institutional
knowledge and expertise to ensure the success of this program and
to serve the nation and the affected communities.
The Committee continues to support the prioritization of sites,
especially those that are nearing completion. The Committee is
aware that the Corps continues to work on the Remedial Investiga-
tion/Feasibility Study of the former Sylvania nuclear fuel site at
Hicksville, New York. The Committee supports these efforts, and
encourages the Corps to proceed expeditiously, as appropriate, with
subsequent activities in accordance with the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act (CERCLA).
FLOOD CONTROL AND COASTAL EMERGENCIES
Appropriation, 2021 ............................................................................ $35,000,000
Budget estimate, 2022 ....................................................................... 35,000,000
Recommended, 2022 ........................................................................... 35,000,000
Comparison:
Appropriation, 2021 ........................................................................ –––
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This appropriation funds planning, training, and other measures
that ensure the readiness of the Corps to respond to floods, hurri-
canes, and other natural disasters, and to support emergency oper-
ations in response to such natural disasters, including advance
measures, flood fighting, emergency operations, the provision of po-
table water on an emergency basis, and the repair of certain flood
and storm damage reduction projects.
As the nation experiences severe weather events more fre-
quently, the Committee appreciates the work the Corps undertakes
with this funding. The Committee notes that traditionally, funding
for disaster response has been provided in supplemental appropria-
tions legislation, including recently in 2018 (Public Law 115–123)
and 2019 (Public Law 116–20) and that amounts necessary to ad-
dress damages at Corps projects in response to natural disasters
can be significant. The Administration is again reminded that it
has been deficient in providing to the Committee detailed estimates
of damages to Corps projects as required by Public Law 115–123
and shall submit such report not later than 15 days after enact-
ment of this Act and monthly thereafter.
Levee Rehabilitation and Inspection Program.—The Committee
notes that the Corps provides non-federal entities continued eligi-
bility in the Public Law 84–99 Rehabilitation and Inspection Pro-
gram as levees are transitioned to meet Corps standards.
EXPENSES
Appropriation, 2021 ............................................................................ $206,000,000
Budget estimate, 2022 ....................................................................... 199,290,000
Recommended, 2022 ........................................................................... 208,000,000
Comparison:
Appropriation, 2021 ........................................................................ +2,000,000
Budget estimate, 2022 .................................................................... +8,710,000
This appropriation funds the executive direction and manage-
ment of the Office of the Chief of Engineers, the Division Offices,
and certain research and statistical functions of the Corps.
Alternative Financing.—The Committee remains supportive of
public-private partnerships (P3) and is supportive of the alter-
native financing mechanisms authorized in the Water Infrastruc-
ture Finance and Innovation Act. The Corps is reminded of the
Committee’s long-standing concerns that federal funding decisions
not be biased by non-federal decisions to construct projects in ad-
vance of federal funding or to provide funding in excess of legally
required cost shares. The Corps is directed to provide to the Com-
mittee not later than 90 days after enactment of this Act a briefing
on its P3 pilot program.
Buoy Chain.—The Committee is concerned that acquisition regu-
lations relating to the Corps procurement of buoy chain fails to ap-
propriately prioritize domestic content preference rules and current
Buy America directives. The Corps is directed to abide by Buy
America requirements and preferences for buoy chain direct acqui-
sitions and to provide to the Committee not later than 90 days
after the enactment of this Act a briefing on its compliance with
these requirements.
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OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
Appropriation, 2021 ............................................................................ $4,500,000
Budget estimate, 2022 ....................................................................... 5,000,000
Recommended, 2022 ........................................................................... 5,000,000
Comparison:
Appropriation, 2021 ........................................................................ +500,000
Budget estimate, 2022 .................................................................... –––
The Assistant Secretary of the Army for Civil Works oversees the
Civil Works budget and policy, whereas the Corps’ executive direc-
tion and management of the Civil Works program are funded from
the Expenses account.
The recommendation includes legislative language restricting the
availability of 25 percent of the funding provided in this account
until such time as at least 95 percent of the additional funding pro-
vided in each account has been allocated to specific programs,
projects, or activities. This restriction shall not affect the roles and
responsibilities established in previous fiscal years of the Office of
the Assistant Secretary of the Army for Civil Works, the Corps
headquarters, the Corps field operating agencies, or any other exec-
utive branch agency.
The Committee counts on a timely and accessible executive
branch in the course of fulfilling its constitutional role in the ap-
propriations process. The requesting and receiving of basic, factual
information, such as budget justification materials and statutorily
required reports including execution reports and damage repair es-
timates, is vital in order to maintain a transparent and open gov-
erning process. The Committee recognizes that some discussions in-
ternal to the executive branch are pre-decisional in nature and,
therefore, not subject to disclosure. However, the access to facts,
figures, and statistics that inform these decisions are not subject to
this same sensitivity and are critical to the budget process. The Ad-
ministration shall ensure timely and complete responses to these
inquiries.
Further, the Administration is reminded that it has been seri-
ously deficient in providing to the Committee statutorily-required
reports, including detailed estimates of damages to Corps projects
and reports on the allocation and obligation of annual appropria-
tions and supplemental appropriations.
Administrative Costs.—To support additional transparency in
project costs, the Secretary is directed to ensure that future budget
submissions specify the amount of anticipated administrative costs
for individual projects.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM
Appropriation, 2021 ............................................................................ $14,200,000
Budget estimate, 2022 ....................................................................... –––
Recommended, 2022 ........................................................................... 14,200,000
Comparison:
Appropriation, 2021 ........................................................................ –––
Budget estimate, 2022 .................................................................... +14,200,000
The financial assistance the Secretary is authorized to provide
pursuant to the Water Infrastructure Finance and Innovation Act
(Public Law 113–121) (WIFIA) can play an important role in im-
proving the nation’s infrastructure. The Administration is directed
to complete the administrative actions necessary to stand up the
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WIFIA program and to provide the financial assistance envisioned
in the legislation. The recommendation makes $8,500,000 available
to the Secretary for program development, administration, and
oversight, including but not limited to, publishing the final fee and
program rules, criteria for project eligibility and Notice of Funding
Availability. The recommendation includes $5,700,000 for the fi-
nancial assistance authorized by WIFIA. The fiscal year 2021 Act
provided funds to publish the final fee and program rules and No-
tice of Funding Availability. The Committee reminds the Adminis-
tration that the publication of these rules is necessary to move for-
ward with the WIFIA program and directs the Administration to
expeditiously publish the rules.
The Corps is directed to provide to the Committee not later than
45 days after enactment of this Act a briefing on the inclusion of
levees in the WIFIA program.
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL
(INCLUDING TRANSFER OF FUNDS)
The bill continues a provision that prohibits the obligation or ex-
penditure of funds through a reprogramming of funds in this title
except in certain circumstances.
The bill includes a provision regarding the allocation of funds.
The bill continues a provision prohibiting the use of funds in this
Act to carry out any contract that commits funds beyond the
amounts appropriated for that program, project, or activity.
The bill continues a provision authorizing the transfer of funds
to the Fish and Wildlife Service to mitigate for fisheries lost due
to Corps projects.
The bill includes a provision regarding certain dredged material
disposal activities. The Committee is aware of certain issues re-
garding placement of dredge material. The Corps is directed to
brief the Committee not later than 90 days after enactment of this
Act on these activities.
The bill includes a provision regarding reallocations at a project.
The bill includes a provision prohibiting the use of funds in this
Act to reorganize or transfer the Civil Works functions of the
Corps.
The bill includes a provision regarding eligibility for additional
funding. Whether a project is eligible for funding under a par-
ticular provision of additional funding is a function of the technical
details of the project; it is not a policy decision. The Chief of Engi-
neers is the federal government’s technical expert responsible for
execution of the civil works program and for offering professional
advice on its development. Therefore, the provision clarifies that a
project’s eligibility for additional funding shall be solely the profes-
sional determination of the Chief of Engineers.
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TITLE II—DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
Appropriation, 2021 ............................................................................ $21,000,000
Budget estimate, 2022 ....................................................................... 20,000,000
Recommended, 2022 ........................................................................... 20,000,000
Comparison:
Appropriation, 2021 ........................................................................ ¥1,000,000
Budget estimate, 2022 .................................................................... –––
The Central Utah Project Completion Act (CUPCA) (Titles II–VI
of Public Law 102–575) provides for the completion of the Central
Utah Project by the Central Utah Water Conservancy District.
CUPCA also authorizes the appropriation of funds for fish, wildlife,
and recreation mitigation and conservation; establishes an account
in the Treasury for the deposit of these funds and of other con-
tributions for mitigation and conservation activities; and estab-
lishes a Utah Reclamation Mitigation and Conservation Commis-
sion to administer funds in that account. CUPCA further assigns
responsibilities for carrying out the Act to the Secretary of the Inte-
rior and prohibits delegation of those responsibilities to the Bureau
of Reclamation.
The Committee recommendation includes a total of $20,000,000
for the Central Utah Project Completion Account, which includes
$13,150,000 for Central Utah Project construction, $5,000,000 for
transfer to the Utah Reclamation Mitigation and Conservation Ac-
count for use by the Utah Reclamation Mitigation and Conserva-
tion Commission, and $1,550,000 for necessary expenses of the Sec-
retary of the Interior.
BUREAU OF RECLAMATION
INTRODUCTION
The mission of the Bureau of Reclamation (Reclamation) is to
manage, develop, and protect water and related resources in an en-
vironmentally and economically sound manner in the interest of
the American public. Since its establishment by the Reclamation
Act of 1902, Reclamation has developed water supply facilities that
have contributed to sustained economic growth and an enhanced
quality of life in the western states. Lands and communities served
by Reclamation projects have been developed to meet agricultural,
tribal, urban, and industrial needs. Reclamation continues to de-
velop authorized facilities to store and convey new water supplies
and is the largest supplier and manager of water in the 17 western
states and does so in response to a changing climate that strains
the very resources that Reclamation is charged with managing, de-
veloping, and protecting. Reclamation maintains 338 reservoirs
with the capacity to store 140 million acre-feet of water.
The West is currently experiencing one of the most severe
droughts on record, which could be more severe than the last
stretch of drought from 2012 to 2017. Furthermore, over the last
40 years, snowpack in the western states has declined by about 25
percent. Climate change has exacerbated the presence and effects
of drought in the region, resulting in having consequential impacts
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on public health, water supply, and fire intensity. Innovation and
infrastructure investments are critical to secure water resources for
both municipal and agricultural usage now and into the future. Ac-
cordingly, the Committee recommendation includes targeted in-
creased investments in programs to assist western states now as
they respond to the drought crisis and continues to build on long-
term efforts to address future challenges.
As Reclamation’s facilities reach their design life, the projected
cost of operating, maintaining, and rehabilitating this infrastruc-
ture continues to grow, yet Reclamation has not budgeted funding
sufficient to implement a comprehensive program to reduce its
maintenance backlog. At the same time, Reclamation is increas-
ingly relied upon to supply water to federally-recognized Indian
tribes through water settlements, rural communities through its
Title I Rural Water Program, and municipalities through its Title
XVI Water Reclamation and Reuse Program. Balancing these com-
peting priorities will be challenging and requires active participa-
tion and leadership on the part of Reclamation and its technical
staff.
COMMITTEE RECOMMENDATION
The budget request for the Bureau of Reclamation totals
$1,532,949,000. The Committee recommendation totals
$1,945,899,000, which is $275,899,000 above fiscal year 2021 and
$412,950,000 above the budget request.
A table summarizing the fiscal year 2021 enacted appropriation,
the fiscal year 2022 budget request, and the Committee rec-
ommendation is provided below:
(Dollars in thousands)
Account FY 2021 enacted FY 2022 request Cmte rec.
Water and Related Resources ............................................ $1,521,125 $1,379,050 $1,792,000
Central Valley Project Restoration Fund ............................. 55,875 56,499 56,499
California Bay-Delta Restoration ........................................ 33,000 33,000 33,000
Policy and Administration ................................................... 60,000 64,400 64,400
Total, Bureau of Reclamation .................................... 1,670,000 1,532,949 1,945,899
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, 2021 ............................................................................ $1,521,125,000
Budget estimate, 2022 ....................................................................... 1,379,050,000
Recommended, 2022 ........................................................................... 1,792,000,000
Comparison:
Appropriation, 2021 ........................................................................ +270,875,000
Budget estimate, 2022 .................................................................... +412,950,000
The Water and Related Resources account supports the develop-
ment, construction, management, and restoration of water and re-
lated natural resources in the 17 western states. The account in-
cludes funds for operating and maintaining existing facilities to ob-
tain the greatest overall levels of benefits, to protect public safety,
and to conduct studies on ways to improve the use of water and
related natural resources.
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The budget request for this account and the approved Committee
allowance are shown on the following table:
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Additional Funding for Water and Related Resources Work.—The
recommendation includes funds in addition to the budget request
for Water and Related Resources studies, projects, and activities.
Priority in allocating these funds should be given to advance and
complete ongoing work, including preconstruction activities and
where environmental compliance has been completed; improve
water supply reliability; improve water deliveries; enhance na-
tional, regional, or local economic development; promote job growth;
advance tribal and nontribal water settlement studies and activi-
ties; or address critical backlog maintenance and rehabilitation ac-
tivities. Funding provided under the heading, ‘‘Additional Funding
for Ongoing Work’’ may be utilized for ongoing work, including
preconstruction activities, on projects which provide new or existing
water supplies through additional infrastructure.
Of the additional funding provided under the heading ‘‘Water
Conservation and Delivery’’, $67,000,000 shall be for water storage
projects as authorized in section 4007 of Public Law 114–322.
Of the funding recommended under the heading ‘‘Water Con-
servation and Delivery,’’ $50,000,000 shall be for implementing the
Drought Contingency Plan in the Lower Colorado River Basin to
create or conserve recurring Colorado River water that contributes
to supplies in Lake Mead and other Colorado River water res-
ervoirs in the Lower Colorado River Basin or projects to improve
the long-term efficiency of operations in the Lower Colorado River
Basin, consistent with the Secretary’s obligations under the Colo-
rado River Drought Contingency Plan Authorization Act (Public
Law 116–14) and related agreements. None of these funds shall be
used for the operation of the Yuma Desalting Plant and nothing in
this section shall be construed as limiting existing or future oppor-
tunities to augment the water supplies of the Colorado River.
Of the additional funding recommended under the heading ‘‘Fish
Passage and Fish Screens’’, $6,000,000 shall be for the Anadromous
Fish Screen Program.
Not later than 45 days after enactment of this Act, Reclamation
shall provide to the Committee a report delineating how the addi-
tional funds in this account are to be distributed, in which phase
the work is to be accomplished, and an explanation of the criteria
and rankings used to justify each allocation.
Reclamation is reminded that activities authorized under Indian
Water Rights Settlements and under section 206 of Public Law
113–235 are eligible to compete for the additional funding provided
under ‘‘Water Conservation and Delivery.’’
Aging Infrastructure Account.—The Committee recommends
$1,000,000 for the Aging Infrastructure Account for the purpose of
making financing available for the cost of emergency and extraor-
dinary maintenance improvements to aging federal Reclamation-
owned facilities. The Committee does not support allowing in-
creases or decreases in transfer amounts at this time and directs
Reclamation to provide to the Committee prior to the obligation of
any funds for this purpose a report detailing implementation plans
for this program. As it implements the program, Reclamation is en-
couraged to prioritize financing improvements to eligible trans-
ferred operation and maintenance work beneficiaries in drought
prone areas with the greatest need for repair.
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Anadromous Fish Screen Program.—The Committee appreciates
Reclamation’s efforts to devote additional resources to completing
work on the last two remaining priority unscreened diversions on
the Sacramento River, both of which have been specifically identi-
fied as priorities in the California Natural Resources Agency Sac-
ramento Valley Salmon Resiliency Strategy. Additionally, Reclama-
tion is encouraged to maintain its focus on screening high priority
diversions in the San Joaquin River Basin. Reclamation is re-
minded that these diversions are eligible to compete for the addi-
tional funding provided in this account, under Fish Passage and
Fish Screens.
Columbia Basin Project, Washington.—The Committee is aware
of the Odessa Ground Water Replacement Program within the Co-
lumbia Basin Project to deliver surface water to the Odessa Sub-
area. The Subarea groundwater is being withdrawn at a rate be-
yond the aquifer’s capacity to recharge, and aquifers in the Sub-
area are quickly declining. Groundwater is virtually depleted to
such an extent that water must be pumped from wells as deep as
2,400 feet. Water pumped from such depths is hot and has dan-
gerously high sodium concentrations. The Committee supports Rec-
lamation’s partnership in the program to provide farmlands in Cen-
tral and Eastern Washington with surface water supply through
operational changes in the storage and delivery system and urges
Reclamation to move forward to implement the program.
Columbia Basin Supervisory Control and Data Acquisition.—The
Committee is aware that the Columbia Basin Project has been
using the Supervisory Control and Data Acquisition (SCADA) infor-
mation system architecture since 1987 to operate and monitor hun-
dreds of remote field sites critical to the mission of the irrigation
project. The project is dependent on this system to monitor the
project’s reservoirs, canals, pumping plants, drains, and wasteways
to manage water across 1,500 square miles of the project. The last
significant modernization of the program took place in 2002 and
the system is in need of additional upgrades to ensure the stability
and durability of its operation during future irrigation systems.
Reclamation is encouraged to include appropriate funding for this
effort in future budget submissions.
Lower Colorado River Operations Program.—The Lower Colorado
River Operations Program supports water efficiency activities and
conservation efforts in partnership with non-federal water users,
including Minute 323 implementation and monitoring. Reclamation
is reminded that activities within this program are eligible to com-
pete for additional funds provided under ‘‘Water Conservation and
Delivery’’.
Milk River Project, Montana.—The Committee recognizes the im-
portance of stable water supply to regional economies and commu-
nities and notes that the current cost allocations for the St. Mary
Unit, Milk River Project, operation, maintenance, and rehabilita-
tion is 73.96 percent reimbursable and 26.04 percent non-reimburs-
able.
Mni Wiconi Project, South Dakota.—Reclamation is directed to
continue working with the tribes and relevant federal agencies,
such as the U.S. Department of Agriculture, the U.S. Environ-
mental Protection Agency, the Bureau of Indian Affairs, the Indian
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Health Service, and the Department of Housing and Urban Devel-
opment, to coordinate use of all existing authorities and funding
sources to finish needed community system upgrades and connec-
tions, as well as transfers of those systems, as quickly as possible.
The Administration is encouraged to include appropriate funding
for upgrades and transferred community systems in future budget
requests.
Salton Sea Restoration.—The Committee supports the Memo-
randum of Understanding signed between the Department of the
Interior and the California Natural Resources Agency to support
management activities at the Salton Sea. Additionally, the Com-
mittee is concerned by the public health, environmental, agricul-
tural, and natural resource impacts at the Salton Sea. The Com-
mittee encourages Reclamation to partner with federal, state, and
local agencies and coordinate use of all existing authorities to sup-
port the State of California’s Salton Sea Management Program.
Reclamation is encouraged to provide appropriate funding for these
efforts in future budget submissions.
Salton Sea Research Program.—Reclamation is encouraged to in-
clude appropriate funding in future budget submissions for activi-
ties and projects associated with habitat improvement, water qual-
ity, and system development and projects with a public health ben-
efit that will benefit economically disadvantaged communities.
San Joaquin River Restoration Program.—Permanent appropria-
tions, available for the program in fiscal year 2020, should not sup-
plant continued annual appropriations, and the Committee encour-
ages Reclamation to include adequate funding in future budget
submissions.
San Justo Reservoir, California.—The Committee recognizes the
benefits of the San Justo Reservoir Zebra Mussel Eradication
Project, and Reclamation is reminded that this project is eligible to
compete for the additional funding provided in Water Conservation
and Delivery. The Committee also recognizes that previous work
conducted by Reclamation has demonstrated the efficacy of using
muriate of potash (MOP) in treating invasive mussels. The Com-
mittee encourages Reclamation to leverage existing knowledge on
MOP treatments to address the zebra mussel infestation at the San
Justo Reservoir.
Research and Development: Desalination and Water Purification
Program.—Of the funding provided for this program, $6,000,000
shall be for desalination projects as authorized in section 4009(a)
of Public Law 114–322.
Research and Development: Airborne Snow Observatory Pro-
gram.—The recommendation provides an additional $2,000,000 for
this program, which advances snow and water supply forecasting.
Upper Rio Grande Basin Study.—The Committee recognizes the
ecological, economic, cultural, and historic importance of the Upper
Rio Grande Basin and the increasing stress on its water supply.
Accordingly, Reclamation is directed to enter into a contract with
the National Academies of Sciences to conduct a comprehensive
study of Rio Grande dams and reservoirs in the upper Rio Grande
Basin (headwaters to Fort Quitman, Texas) on how to conserve
water and optimize river management to benefit water users
throughout the basin, promote the health of the river, and support
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fish and wildlife. Reclamation is encouraged to leverage ongoing
and completed activities in this area to benefit this effort.
Verde River Basin.—The Committee is aware of the appraisal
study being conducted by Reclamation in partnership with the Salt
River Project on water storage capacity at Horseshoe Reservoir.
The Committee recognizes the importance of this study to the man-
agement and reliability of water provided to central Arizona and
directs Reclamation to provide to the Committee not later than 60
days after enactment of this Act a briefing on the status of the
study.
WaterSMART: Climate Resilience.—Within the Water and En-
ergy Efficiency Grants program, Reclamation is encouraged to con-
sider as priority factors decreasing water scarcity and increasing
drought resilience while also improving instream flows, either by
releasing conserved water or decreasing diversions, or otherwise re-
storing hydrologic function through nature-based solutions.
WaterSMART Program: Title XVI Water Reclamation & Reuse
Program.—Of the funding provided for this program, $10,000,000
shall be for water recycling and reuse projects as authorized in sec-
tion 4009(c) of Public Law 114–322.
WaterSMART Program: Open Evapotranspiration System.—Rec-
lamation is encouraged to utilize the OpenET system designed to
provide real-time and historical evapotranspiration information,
primarily on irrigated crop lands. Reclamation is directed to pro-
vide to the Committee not later than 90 days after enactment of
this Act a briefing on the potential application of this system to
Reclamation missions.
WaterSMART Program: Non-contiguous States and Territories.—
The Committee is concerned about the unique water challenges
faced by the non-contiguous states and territories and notes that
Congress recently made Alaska, Hawaii, and Puerto Rico, as well
as the American Samoa, Guam, the Northern Mariana Islands, and
the U.S. Virgin Islands eligible applicant locations for
WaterSMART grants. Reclamation is encouraged to conduct out-
reach in all non-contiguous states and territories about this and
other available funding opportunities to address and mitigate
water challenges in these jurisdictions.
Yakima River Basin Water Enhancement Project Integrated Plan,
Washington.—The Committee notes that the Yakima Basin Inte-
grated Plan, developed to address water storage, water supply, and
fishery and ecosystem restoration needs for agriculture, fish, and
municipalities within the Yakima River Basin in Central Wash-
ington, was authorized by Public Law 116–9. The Committee is
supportive of the Plan and reminds Reclamation that activities
within this program are eligible to compete for additional funds
provided in this account.
CENTRAL VALLEY PROJECT RESTORATION FUND
Appropriation, 2021 ............................................................................ $55,875,000
Budget estimate, 2022 ....................................................................... 56,499,000
Recommended, 2022 ........................................................................... 56,499,000
Comparison:
Appropriation, 2021 ........................................................................ +624,000
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This fund was established to carry out the provisions of the Cen-
tral Valley Project Improvement Act and to provide funding for
habitat restoration, improvement and acquisition, and other fish
and wildlife restoration activities in the Central Valley area of
California. Resources are derived from donations, revenues from
voluntary water transfers and tiered water pricing, and Friant Di-
vision surcharges. The account is also financed through additional
mitigation and restoration payments collected on an annual basis
from project beneficiaries.
Within available funds, the Committee provides funding for pro-
grams and activities according to the budget request. The Com-
mittee notes that the amount for this account in the budget request
and recommendation is based on a three-year rolling average of col-
lections, in accordance with the authorizing statute.
Anadromous Fish Screen Program.—The Committee continues to
be concerned with the disconnect between funding levels requested
and ultimately allocated for the Anadromous Fish Screen Program.
The Committee urges Reclamation to maintain its focus on screen-
ing the remaining high priority diversions from within funds made
available under the Central Valley Project Restoration Fund.
CALIFORNIA BAY DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, 2021 ............................................................................ $33,000,000
Budget estimate, 2022 ....................................................................... 33,000,000
Recommended, 2022 ........................................................................... 33,000,000
Comparison:
Appropriation, 2021 ........................................................................ –––
Budget estimate, 2022 .................................................................... –––
The California Bay-Delta Restoration account funds the federal
share of water supply and reliability improvements, ecosystem im-
provements, and other activities being developed for the Sac-
ramento-San Joaquin Delta and associated watersheds by a state
and federal partnership (CALFED). Federal participation in this
program was initially authorized in the California Bay-Delta Envi-
ronmental and Water Security Act enacted in 1996.
The Committee notes that this important program was pre-
viously funded at $35,000,000 and encourages the Administration
to return to this level of funding in future budget requests.
POLICY AND ADMINISTRATION
Appropriation, 2021 ............................................................................ $60,000,000
Budget estimate, 2022 ....................................................................... 64,400,000
Recommended, 2022 ........................................................................... 64,400,000
Comparison:
Appropriation, 2021 ........................................................................ +4,400,000
Budget estimate, 2022 .................................................................... –––
The Policy and Administration account provides for the executive
direction and management of all Reclamation activities, as per-
formed by the Commissioner’s office in Washington, D.C.; the Tech-
nical Service Center in Denver, Colorado; and in six regional of-
fices. The Denver and regional offices charge individual projects or
activities for direct beneficial services and related administrative
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and technical costs. These charges are covered under other appro-
priations.
ADMINISTRATIVE PROVISION
The bill includes an administrative provision allowing for the
purchase of passenger motor vehicles.
GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR
The bill continues a provision regarding the circumstances in
which the Bureau of Reclamation may reprogram funds.
The bill continues a provision regarding the San Luis Unit and
Kesterson Reservoir in California.
The bill contains a provision regarding the Secure Water Act of
2009.
The bill contains a provision regarding the CALFED Bay-Delta
Authorization Act.
The bill contains a provision regarding the Omnibus Public Land
Management Act of 2009.
The bill contains a provision regarding the Reclamation States
Emergency Drought Relief Act of 1991.
The bill contains a provision regarding the Reclamation Projects
Authorization and Adjustment Act of 1992.
The bill contains a provision prohibiting the use of funds in this
Act for certain activities.
TITLE III—DEPARTMENT OF ENERGY
INTRODUCTION
Funds recommended in Title III provide for all Department of
Energy (Department) programs, including Energy Efficiency and
Renewable Energy; Cybersecurity, Energy Security, and Emer-
gency Response; Electricity; Nuclear Energy; Fossil Energy and
Carbon Management; Naval Petroleum and Oil Shale Reserves;
Strategic Petroleum Reserve; SPR Petroleum Account; Northeast
Home Heating Oil Reserve; Energy Information Administration;
Non-Defense Environmental Cleanup; Uranium Enrichment Decon-
tamination and Decommissioning Fund; Science; Nuclear Waste
Disposal; Technology Transitions; Clean Energy Demonstrations;
Advanced Research Projects Agency—Energy; Title 17 Innovative
Technology Loan Guarantee Program; Advanced Technology Vehi-
cles Manufacturing Loan Program; Tribal Energy Loan Guarantee
Program; Indian Energy Policy and Programs; Departmental Ad-
ministration; Office of the Inspector General; National Nuclear Se-
curity Administration (Weapons Activities, Defense Nuclear Non-
proliferation, Naval Reactors, and Federal Salaries and Expenses);
Defense Environmental Cleanup; Defense Uranium Enrichment
Decontamination and Decommissioning; Other Defense Activities;
Power Marketing Administrations; and Federal Energy Regulatory
Commission.
COMMITTEE RECOMMENDATION
The Department of Energy has requested a total budget of
$46,646,300,000 in fiscal year 2022 to fund programs in its four
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primary mission areas: science, energy, environment, and national
security. The recommendation provides $45,126,500,000 for the De-
partment of Energy, $3,201,475,000 above fiscal year 2021
amounts.
The Committee’s recommendations for Department of Energy
programs in fiscal year 2022 are described in the following sections.
A detailed funding table is included at the end of this title.
CONGRESSIONAL DIRECTION
Article 1, section 9 of the United States Constitution states, ‘‘No
money shall be drawn from the Treasury but in consequence of Ap-
propriations made by law.’’
The Committee continues to include the Department’s re-
programming authority in statute to ensure that the Department
carries out its programs consistent with congressional direction.
This reprogramming authority is established at the program,
project, or activity level, whichever is the most specific level of
budget items identified in this Act and the Committee report ac-
companying this Act. The Committee also prohibits new starts
through the use of reprogramming and includes other direction to
improve public oversight of the Department’s actions. In addition,
the recommendation continues to include a general provision speci-
fying which transfer authorities may be used for accounts funded
by this Act.
The Committee counts on a timely and accessible executive
branch in the course of fulfilling its constitutional role in the ap-
propriations process. Requesting and receiving basic, factual infor-
mation, including budget justification materials and responses to
inquiries, is vital in order to ensure transparency and account-
ability. While some discussions internal to the executive branch
may be pre-decisional in nature and therefore not subject to re-
lease, the Committee’s access to the facts, figures, and statistics
that inform the decisions of the executive branch are not subject
to those same sensitivities. The Committee shall have ready and
timely access to information from the Department, Federally Fund-
ed Research and Development Centers, and any recipient of fund-
ing from this Act. Further, the Committee appreciates the ability
for open and direct communication with all recipients of funding
from this Act, and the Department shall not interfere with such
communication and shall not penalize recipients of funding from
this Act for such communication.
REPROGRAMMING AND TRANSFER GUIDELINES
The Committee requires the Department to inform the Com-
mittee promptly when a change in program execution and funding
is required during the fiscal year. The Department’s reprogram-
ming requirements are detailed in statute. To assist the Depart-
ment in this effort, the following guidance is provided for programs
and activities.
Definition.—A reprogramming includes the reallocation of funds
from one activity to another within an appropriation. The rec-
ommendation includes a general provision providing internal re-
programming authority to the Department, as long as no program,
project, or activity is increased or decreased by more than
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$5,000,000 or 10 percent, whichever is less, compared to the levels
in the table detailing the Committee’s recommendations for the De-
partment’s various accounts. For construction projects, a re-
programming constitutes the reallocation of funds from one con-
struction project to another project or a change of $2,000,000 or 10
percent, whichever is less, in the scope of an approved project.
Criteria for Reprogramming.—A reprogramming should be made
only when an unforeseen situation arises, and then only if delay of
the project or activity until the next fiscal year would result in a
detrimental impact to an agency program or priority. A reprogram-
ming may also be considered if the Department can show that sig-
nificant cost savings can accrue by increasing funding for an activ-
ity. Mere convenience or preference shall not be a factor for consid-
eration. A reprogramming may not be employed to initiate new pro-
grams or to change program, project, or activity allocations specifi-
cally denied, limited, or increased by the Congress in the Act or re-
port.
Reporting and Approval Procedures.—In recognition of the secu-
rity missions of the Department, the legislative guidelines allow
the Secretary and the Administrator of the National Nuclear Secu-
rity Administration jointly to waive the reprogramming restriction
by certifying to the Committee that it is in the nation’s security in-
terest to do so. The Department shall not deviate from the levels
for activities specified in the report that are below the level of the
detail table, except through the regular notification procedures of
the Committee. No funds may be added to programs for which
funding has been denied. Any reallocation of new or prior-year
budget authority or prior-year de-obligations or any request to im-
plement a reorganization that includes moving previous appropria-
tions between appropriations accounts must be submitted to the
Committee in writing and shall not be implemented prior to ap-
proval by the Committee.
Transfers.—As in fiscal year 2021, funding actions into or out of
accounts funded by this Act may only be made by transfer authori-
ties provided by this or other appropriations Acts.
FINANCIAL REPORTING AND MANAGEMENT
The Department is still not in compliance with its statutory re-
quirement to submit to Congress, at the time that the President’s
budget request is submitted, a future-years energy program that
covers the fiscal year of the budget submission and the four suc-
ceeding years, as directed in the fiscal year 2012 Act. In addition,
the Department has an outstanding requirement to submit a plan
to become fully compliant with this requirement. The Department
is directed to provide these requirements not later than 30 days
after enactment of this Act. The Department may not obligate more
than 75 percent of amounts provided to the Chief Financial Officer
until the Department submits to the Committee a plan to become
fully compliant with this requirement.
Working Capital Fund.—The Department has requested
$282,272,000 for the Working Capital Fund for fiscal year 2022.
The Committee provides $282,272,000 for this purpose and directs
that if the Department transfers additional amounts to the Work-
ing Capital Fund, notification must be provided to the Committee
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in advance of any such transfer. The notification shall identify the
sources of funds by program, project, or activity. Further, the De-
partment shall notify the Committee before adding or removing
any activities from the fund.
Public Access Plan.—The Committee appreciates the Department
issuing its Public Access Plan on July 24, 2014. The Committee
urges the Department to continue efforts toward full implementa-
tion of the plan and expects an update on progress to be included
in the fiscal year 2023 budget request.
Commonly Recycled Paper.—The Department shall not expend
funds for projects that knowingly use as a feedstock commonly re-
cycled paper that is segregated from municipal solid waste or col-
lected as part of a collection system that commingles commonly re-
cycled paper with other solid waste at any point from the time of
collection through materials recovery.
Congressional Reporting Requirements.—The Committee remains
concerned by the Department’s often lengthy delays in meeting its
Congressional reporting requirements. However, the Committee ap-
preciates the Department’s effort, led by the Office of the Chief Fi-
nancial Officer, to establish a tracking mechanism for all Congres-
sional reporting requirements. The Department is directed to pro-
vide monthly updates to the Committee on this issue. Further, the
Department is directed to provide all Congressionally required re-
ports digitally in addition to traditional correspondence.
SBIR and STTR Programs.—The Department is directed to use
the definition of research and development as provided by the
Small Business Innovation Development Act of 1982 and Small
Business Administration’s ‘‘SBIR and STTR Program Policy Direc-
tive’’ for the purposes of the Department’s SBIR and STTR pro-
grams.
Mortgaging Future-Year Awards.—The Committee remains con-
cerned about the Department’s practice of making awards depend-
ent on funding from future years’ appropriations. The Department
is directed to provide to the Committee not later than 30 days after
enactment of this Act a briefing on how the Department can better
track and provide information about the accounting of future-year
awards by control point.
General Plant Projects.—In alignment with the requirements of
section 3118(c) of the National Defense Authorization Act for
FY2010, the Department is directed to notify the Committee at
least 15 days prior to starting any General Plant Project unless the
project is directed by this recommendation or explicitly included in
the fiscal year 2022 budget request.
Competitive Procedures.—The Department is directed, in align-
ment with section 989 of the Energy Policy Act of 2005, to use a
competitive, merit-based review process in carrying out research,
development, demonstration, and deployment activities, to the
maximum extent practicable.
WORKFORCE DEVELOPMENT AND DIVERSITY
Workforce Development.—The Committee recognizes the need to
ensure that our nation has a ready, capable workforce both for
today and the next generation to meet changing energy demands
and safeguard our national nuclear security. The Department has
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a long history in and unique opportunity of training and supporting
the science, technology, engineering, and mathematics workforce.
The fiscal year 2020 Act directed the Department to provide a re-
port that includes an inventory of workforce development and read-
iness programs supported throughout the Department. The inven-
tory was required to include current programs, past programs over
the past 10 years, and recommendations for the Department to im-
prove or expand its workforce development efforts. The report was
required to include specific recommendations addressing workforce
readiness to meet the Department’s nuclear security missions. The
Committee is still awaiting this report and directs the Department
to provide a briefing on the status of this report not later than 15
days after enactment of this Act.
The Department is encouraged to allocate funding to training
and workforce development programs that assist and support work-
ers in trades and activities required for the continued growth of the
U.S. energy efficiency and clean energy sectors, including training
programs focused on building retrofit, the construction industry,
and the electric vehicle industry. The Department is encouraged to
continue to work with two-year, community and technical colleges,
labor, and nongovernmental and industry consortia to pursue job
training programs, including programs focused on displaced fossil
fuel workers, that lead to an industry-recognized credential in the
energy workforce.
The Committee supports improving the coordination of federal ef-
forts involved in growing and sustaining a robust national security
workforce. The Committee recognizes the Department’s collabora-
tions with the Department of Defense to address national security
priorities including, but not limited to, climate change, electric in-
frastructure, nuclear energy, and space. The Committee recognizes
the Department’s individual education and workforce development
programs relating to the intersection of national security and en-
ergy but encourages interdepartmental coordination on the creation
or modification of these programs. The Department is directed to
continue participation in the Interagency Working Group on the
National Security Workforce to implement the ‘‘Revitalizing Amer-
ica’s Foreign Policy and National Security Workforce, Institutions,
and Partnerships’’ National Security Memorandum. Further, the
Department is directed to participate in efforts led by the Depart-
ment of Defense in developing a strategy to address national secu-
rity education and workforce issues.
Workplace Diversity.—The Committee recognizes the importance
of workplace diversity at the Department and its national labora-
tories. Increasing workplace diversity addresses inequity and in-
equality and drives performance excellence through improvements
in creativity, productivity, and inclusivity. The Committee directs
the Department to continue to develop and broaden partnerships
with minority serving institutions, including Hispanic Serving In-
stitutions, Historically Black Colleges and Universities, Asian and
Pacific Islander Serving Institutions, Predominantly Black Institu-
tions, Tribal Colleges and Universities, and other Minority Serving
Institutions. The Committee understands that each national lab-
oratory develops its own recruitment and retention strategies and
provides those plans to the Department for review. The fiscal year
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2020 Act directed the Department to comprehensively evaluate
these plans and provide a report to the Committee detailing efforts
to recruit and retain diverse talent from the institutions mentioned
above. Further, the fiscal year 2020 Act directed the Department
to provide to the Committee a report on its internal programs that
support research and development opportunities for the institutions
mentioned above. The Committee is still awaiting these reports and
directs the Department to provide a briefing on the status these re-
ports not later than 30 days after enactment of this Act. Addition-
ally, the Department is directed to provide to the Committee not
later than 120 days after enactment of this Act a report on the De-
partment’s plan to recruit and retain more African Americans, His-
panic/Latinx, Asian Americans, Native Americans/Alaskan Natives,
Pacific Islander/Native Hawaiian, and people with disabilities
across all job types, including research and technical positions. This
report should also include current workforce numbers with
disaggregated data for racial, ethnic, gender, and other underrep-
resented minorities at all national laboratories and across the De-
partment. The Department is encouraged to consider direct pro-
grammatic funding to the national laboratories to support locally
developed activities and programs that advance the Department’s
diversity, equity, and inclusion goals and objectives.
CROSSCUTTING INITIATIVES
Equity and Justice.—The Committee recognizes the importance
of establishing a 21st-century clean energy system that will both
combat climate change and institute principles of equity and justice
in the U.S. energy system. The Committee supports the Depart-
ment’s reforms toward this goal. In order to improve these prac-
tices at the Department, the Committee directs the Department to
survey its current programs, policies, procedures, and rules to en-
sure that it is adequately meeting the clean energy, energy con-
servation, and energy efficiency needs of low-income, minority, and
other marginalized communities. Further, the Department is di-
rected to consider social equity, workforce development standards,
public health effects, and environmental and energy justice in con-
ducting activities across the Department’s programs and to
prioritize projects and grantees that advance equity and justice and
maximize public health benefits. The Department is directed to im-
prove analytical tools and grantmaking criteria to evaluate the so-
cial equity, public health, and environmental and energy justice im-
pacts of technologies and projects and to incorporate these criteria
into agency activities. The Department is directed to increase en-
gagement with communities impacted by climate change, air and
water pollution, systemic racism and underinvestment, high energy
costs, and economic inequality when carrying out this section, de-
signing grant programs, and conducting activities across the De-
partment’s programs. The Department is directed to provide fund-
ing to state, local, and tribal government entities, community orga-
nizations, businesses, universities, and other entities to advance
equity and environmental and energy justice while driving innova-
tion and to integrate this funding across the energy programs. The
Department is directed to provide to the Committee not later than
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90 days after enactment of this Act a report summarizing its efforts
and findings in carrying out the direction contained herein.
The Department is directed to contract with the National Acad-
emies of Sciences, Engineering, and Medicine to study the technical
and non-technical barriers to and solutions for ensuring equitable
distribution of the benefits associated with clean energy in environ-
mental justice communities across all sectors of the economy, and
in particular the role of the Department in assessing and miti-
gating such barriers. In this study, the term ‘‘environmental justice
community’’ means a community with significant representation of
communities of color, low-income communities, or tribal and indige-
nous communities, that experiences, or is at risk of experiencing,
higher or more adverse human health or environmental effects. En-
vironmental justice communities should be part of the development
of the study. The study shall: (1) assess the state of research on
the equitable distribution of the benefits of clean energy including
workforce development, job creation, and public health benefits; (2)
identify key indicators and standards to measure equitable and ef-
fective allocation of resources; (3) assess the progress in imple-
menting programs and policies that result in increased adoption of
clean energy technologies in environmental justice communities; (4)
identify barriers as well as potential incentives and mechanisms to
achieving the equitable distribution of the benefits associated with
clean energy in environmental justice communities, including
through the consideration of social, behavioral, regulatory, policy,
market, and technology aspects, and considerations of the charac-
teristics of individual communities, such as geographical location,
average income, and racial-ethnic composition; (5) identify mecha-
nisms for ensuring the effective participation of environmental jus-
tice communities in decision-making about the transition to a clean
energy economy; and (6) recommend research areas for the Depart-
ment to make progress toward ensuring equitable distribution of
the benefits associated with clean energy in environmental justice
communities.
The Committee supports the Department’s continuing efforts and
progress in implementing the Justice40 Initiative, the energy jus-
tice initiative, and Executive Order 14008.
Energy Storage.—The Committee continues to support the De-
partment’s Energy Storage Grand Challenge initiative to build on
and coordinate the Department’s research, development, dem-
onstration, and deployment efforts in energy storage to accelerate
the development, commercialization, and utilization of next genera-
tion energy storage technologies. The Department is directed to
carry out these activities in accordance with sections 3201 and
3202 of the Energy Act of 2020. The recommendation provides not
less than $484,000,000 for energy storage, including not less than
$350,000,000 from the Office of Energy Efficiency and Renewable
Energy (EERE), not less than $101,000,000 from the Office of Elec-
tricity (OE), not less than $5,000,000 from the Office of Fossil En-
ergy and Carbon Management (FECM), not less than $4,000,000
from the Office of Nuclear Energy (NE), and not less than
$24,000,000 from the Office of Science.
The Department is directed to support long-duration joint dem-
onstration projects with the Department of Defense and grants for
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rural utilities to build microgrids for resiliency. The Department is
directed to support competitive pilot demonstration grants, as au-
thorized in section 3201 of the Energy Act of 2020, for energy stor-
age projects that are wholly U.S.-made, sourced, and supplied. The
Department is directed to support activities that would also help
build a domestic energy storage supply chain that does not depend
on foreign sources of critical minerals. The Department is directed
to continue to support research and technology development efforts
in long-duration energy storage in all its forms, including electro-
chemical, chemical, thermal, and mechanical, as a critical enabler
of high volumes of renewables on the grid and as the key to the
future of energy innovation in buildings, transportation, and the
electric grid.
The Committee recognizes the emergence of several new energy
storage technologies that can support energy independence in the
United States. The Committee directs the Department to publish
a report on emerging energy storage technologies. Further, the re-
port shall include an analysis of which technologies show promise
for further or future funding. The emergent energy storage tech-
nologies explored in this report shall include, but not be limited to,
supercapacitors, flow batteries, low-carbon hydrogen storage, and
compressed-air energy storage. The Department is directed to pro-
vide this report to the Committee not later than 270 days after en-
actment of this Act.
Critical Minerals.—The modern global economy has increasingly
come to depend on access to a number of critical materials that
were not widely used or considered essential to manufacturing just
a few decades ago. Given that growing dependency, the Committee
appreciates the Department’s elevation and coordination of critical
minerals activities across the Department through the Critical
Minerals Initiative. The recommendation provides not less than
$152,000,000 for research, development, demonstration, and com-
mercialization activities on the development of alternatives to, re-
cycling of, and efficient production and use of critical minerals, in-
cluding not less than $100,000,000 from EERE, not less than
$35,000,000 from FECM, and not less than $17,000,000 from the
Office of Science. The Department is directed to carry out these ac-
tivities pursuant to sections 7001 and 7002 of the Energy Act of
2020. These activities may be carried out by the Critical Materials
Energy Innovation Hub.
The Committee supports the construction of a Critical Materials
Supply Chain Research Facility, as authorized by section 7002(h)
of the Energy Act of 2020. However, the Committee is concerned
about the lack of approval of mission need and the unclear respon-
sibilities among program offices for supporting construction of this
facility. The Department is directed to provide to the Committee a
report detailing the mission and cost of developing the Critical Ma-
terials Supply Chain Research Facility. The report shall include a
breakdown of the roles and costs associated with each participating
program office. The report shall be provided not later than 30 days
after enactment of this Act and prior to the obligation of any funds
for the design or construction of the facility.
Industrial Decarbonization.—Industrial processes currently con-
tribute as much as 20 percent of the nation’s carbon dioxide emis-
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sions. The Committee supports the Department’s efforts, aligned
with title VI of the Energy Act of 2020, to foster innovations and
enable scale up of cost-competitive, low-emissions technologies. The
Department is encouraged to supplement research, development,
demonstration, and deployment activities with technical assistance
and workforce development programs. The recommendation pro-
vides not less than $520,000,000 for industrial decarbonization ac-
tivities, including not less than $250,000,000 from EERE, not less
than $250,000,000 from FECM, and not less than $20,000,000 from
the Office of Science.
Grid Modernization.—The Department is directed to continue the
ongoing work among the national laboratories, industry, and uni-
versities to improve grid reliability and resiliency through the stra-
tegic goals of the Grid Modernization Initiative (GMI). The Com-
mittee recognizes the accomplishments of over 200 partners from
industry, academia, and state governments in these efforts. The
Department is directed to provide to the Committee not later than
90 days after enactment of this Act a briefing on the revised GMI
strategy, plans to reflect new decarbonization targets in strategy
enhancements, funding profiles, portfolio of funding opportunities,
programmatic investments for the Initiative, and the roles and re-
sponsibilities of each participating program office. The Committee
directs the Department to continue emphasis on national energy
systems resilience within the context of the Administration’s goals
for decarbonization of the power system and related infrastructures
such as transportation. This should build on GMI and Grid Mod-
ernization Lab Consortium progress in advanced grid modeling and
improved grid cyber resilience to address emerging national resil-
ience challenges of the grid and related energy systems, planned
investments in energy storage to improve grid flexibility and resil-
ience, and advanced sensors and control paradigms that promise to
improve energy system resilience of the grid of the future. The
Committee recognizes the growing importance of training and
workforce development to support grid modernization research and
development, and the Committee directs the Department to develop
a plan for a pipeline of students, graduates, and professors to sus-
tain a robust grid modernization research, design, and operations
capability over the long-term.
Recognizing the importance of adaptation of the electric grid to
reducing greenhouse gas emissions by accommodating consumer-
generated energy, variable generation sources such as wind and
solar, and changing demand patterns, including from vehicle elec-
trification, the Department is directed to prioritize implementation
of grid modernization programs.
Integrated Energy Systems.—The Committee supports the inte-
grated energy systems activities of EERE, FECM, and NE with the
purposes of maximizing energy production and efficiency; devel-
oping energy systems involving the integration of nuclear energy
with renewable energy, fossil energy, and energy storage; and ex-
panding the use of emissions-reducing energy technologies into
nonelectric sectors to achieve significant reductions in environ-
mental emissions. The Department is directed to coordinate all in-
tegrated energy systems activities across FECM, NE, EERE, and
any other relevant program office. The fiscal year 2021 Act directed
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the Department to submit a report that details a potential research
agenda of integrated energy systems activities, including estimated
funding levels for those activities and the roles and responsibilities
of each participating program office. The Committee is still await-
ing this report and directs the Department to provide the report
not later than 30 days after enactment of this Act.
Carbon Dioxide Removal.—Carbon dioxide removal technologies,
also referred to as negative emissions technologies, aim to remove
and sequester excess carbon from the atmosphere, and these tech-
nologies have been identified as an important part of the portfolio
of responses to climate change. The fiscal year 2020 Act directed
the Department to develop an implementation plan coordinated
across FECM, EERE, and the Office of Science. The Committee is
still awaiting this plan and directs the Department to provide the
plan not later than 15 days after enactment of this Act. The De-
partment is directed to include a breakdown of the roles and re-
sponsibilities of each participating program office in the implemen-
tation plan.
The recommendation provides not less than $106,000,000 for re-
search, development, and demonstration of carbon dioxide removal
technologies, including not less than $20,000,000 from EERE, not
less than $51,000,000 from FECM, and not less than $35,000,000
from the Office of Science. Within available funds for carbon diox-
ide removal, the recommendation provides not less than
$75,000,000 for direct air capture. The Department is directed, pur-
suant to section 5001 and 5002 of the Energy Act of 2020, to estab-
lish the Carbon Dioxide Removal Program and Carbon Dioxide Re-
moval Task Force to advance the development and commercializa-
tion of carbon dioxide removal, direct air capture, sequestration,
and any other relevant technologies on a significant scale. The De-
partment is directed to coordinate these activities among FECM,
EERE, and the Office of Science. The Committee supports direct
air capture prize competitions and the direct air capture test cen-
ter. The Department is directed to provide to the Committee not
later than 30 days after enactment of this Act the report required
by section 5002 of the Energy Act of 2020.
Energy-Water Nexus.—The Committee supports the Department’s
ongoing efforts, including through the Water Security Grand Chal-
lenge, on advancing transformational technology and innovation to
meet the global need for safe, secure, and affordable water. The
Committee recognizes the impact of water security and availability
on energy production and reliability and the growing interconnect-
edness between energy and water systems. The Department is di-
rected to continue programs that provide technology innovation,
modeling and assessment tools, technical support, informed policy,
planning tools to inform financing, and workforce development to
focus on the energy-water nexus. The Committee supports the De-
partment’s use of a diverse portfolio of prizes; competitions; re-
search, development, and demonstration; and other programs. The
recommendation provides not less than $70,000,000 for Energy-
Water Nexus activities.
The fiscal year 2021 Act directed the Department to submit a re-
port that outlines the activities previously conducted under the En-
ergy-Water Nexus across the Department, which activities have
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continued, which activities ended, and an explanation for the ter-
mination of each activity that ended. The Committee is still await-
ing this report and directs the Department to provide the report to
the Committee not later than 30 days after enactment of this Act.
The Department is directed to coordinate all Energy-Water Nexus
activities across EERE, OE, FECM, NE, Science, and any other rel-
evant program offices.
Emissions Reductions.—Energy production is a principle contrib-
utor to U.S. greenhouse gas emissions. The Committee recognizes
the urgent necessity of reducing greenhouse gas emissions to miti-
gate the impacts of global climate change, as well as the centrality
of the power sector to that effort and opportunities for research and
development of key technologies at the Department. The Depart-
ment is encouraged to integrate considerations of climate impacts
centrally into all aspects of energy planning and funding. The De-
partment is directed to provide to the Committee not later than
180 days after enactment of this Act a report outlining the Depart-
ment’s plans to reduce greenhouse gas emissions in line with the
United States’ Nationally Determined Contribution under the U.N.
Framework Convention on Climate Change.
Hydrogen Energy and Fuel Cell Coordination.—The Department
is directed to coordinate its efforts in hydrogen energy and fuel cell
technologies across EERE, FECM, NE, OE, the Office of Science,
and any other relevant program offices to maximize the effective-
ness of investments in hydrogen-related activities.
Harmful Algal Blooms.—When Congress passed the Harmful
Algal Bloom and Hypoxia Research and Control Act (HABHRCA),
it created a task force intended to coordinate the federal response
to harmful algal bloom activities. The Department is not currently
listed as a partner in the task force activities, but the Department
conducts and possesses key research, management, and supercom-
puting capabilities that may be of assistance in the fight against
harmful algal blooms. The Department is directed to provide to the
Committee not later than 120 days after enactment of this Act a
report identifying its relevant capabilities and how it is using those
capabilities to support key questions posed in managing, control-
ling, and diagnosing the public response to harmful algal blooms.
Further, the Department is encouraged to engage with partner
agencies, such as the National Oceanic and Atmospheric Adminis-
tration, to determine how its capabilities could play a supporting
role with the HABHRCA task force.
DOE and USDA Interagency Working Group.—The Committee
supports the establishment of the interagency working group to
promote energy and develop technologies that will support and ad-
vance agricultural communities and domestic manufacturing, as re-
quired by the Agriculture Improvement Act of 2018. Both agencies
have a unique role in assisting the country integrate alternative
fuel and energy efficiency savings throughout our economy. The
Committee directs the working group to pursue joint activities re-
lated to the research and development of climate-controlled, afford-
able, deployable, energy- and water-efficient technologies for four-
season food production platforms that can serve undernourished re-
gions of the country. Additionally, the Committee directs the work-
ing group to pursue joint activities related to the energy efficiency
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of other agricultural platforms; water and wastewater treatment;
and greenhouse facilities. The Committee encourages collaboration
between USDA’s Office of Urban Agriculture and Innovative Pro-
duction, the Agricultural Research Service, and the National Insti-
tute of Food and Agriculture, and the various Department’s offices,
including, but not limited to, the Advanced Manufacturing Office,
Solar Energy Technology Office, Biofuels Technologies Office, Fossil
Energy and Carbon Management, Advanced Research Projects
Agency—Energy, and Office of Science. The Department is directed
to provide to the Committee regular updates on the goals, bench-
marks, and progress in implementation of the working group and
collaborations. Further, the Department is directed to provide to
the Committee not later than 30 days after enactment of this Act
a briefing explaining the Department’s research agenda relating to
promoting energy efficiency for industrial processes, lighting sys-
tems, the utilization of advanced soil science, reuse of plant residue
materials, materials science, capture of carbon dioxide, and energy
efficiency at agricultural production platforms.
The Commonwealth of Puerto Rico and the U.S. Virgin Islands.—
The Department is directed to offer technical and other pro-
grammatic assistance to the Commonwealth of Puerto Rico for the
assessment and implementation of innovative technologies with the
capability of combining different infrastructure systems in an inte-
grated manner to effectively mitigate power plant emissions, effi-
ciently treat and reuse wastewater, produce biofuels, and generate
power from solid waste. In addition, the Department is directed to
offer technical and other programmatic assistance to the Common-
wealth of Puerto Rico and the U.S. Virgin Islands in assessing the
effectiveness of renewable energy technologies, such as solar and
wind, for the territories; power grid feasibility, including repairs,
improvements, and modernization; mitigation of storm damages
through resilient electric power grids; and microgrid innovation.
The Department is directed to provide to the Committee not later
than 90 days after enactment of this Act a briefing on the status
of, and future plans for, these efforts.
Civilian Climate Corps.—The Department is directed to coordi-
nate with the Department of the Interior and Department of Agri-
culture on implementation of a Civilian Climate Corps. The De-
partment has capabilities that could contribute to the new Civilian
Climate Corps in assisting communities in need and communities
interested in transitioning to the green energy economy. The De-
partment is directed to provide to the Committee not later than 30
days after enactment of this Act a briefing on its coordination with
the Department of the Interior and Department of Agriculture to
ensure the Department’s capabilities, technology development, and
technical assistance can be utilized by the Civilian Climate Corps.
The Department is directed to identify what steps it can take to en-
sure that its deployment programs inspire a new generation of con-
servationists and adoption of clean energy technologies.
Landfill Emissions.—The Department, through EERE and
FECM and in coordination with the U.S. Environmental Protection
Agency, is directed to provide to the Committee not later than 120
days after enactment of this Act a report describing the opportuni-
ties and challenges for technologies that capture greenhouse gases,
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including methane, from municipal landfills. The report should con-
sider synergies between these technologies and technologies used
for carbon capture, utilization, and storage, and the report should
include a recommendation for better utilizing and preventing
greenhouse gas emissions from landfills.
Variable Buoyancy Aircraft.—The Committee notes that variable
buoyancy aircraft may allow for direct factory-to-site transportation
of energy products, such as transformers, grid modules, trans-
mission towers, wind turbine blades, and generators. The Depart-
ment in coordination with relevant federal agencies, is directed to
provide to the Committee not later than 180 days after enactment
of this Act a report on the feasibility of developing operation con-
cepts and application system configurations of variable buoyance
cargo transportation aircraft with internal-ballast systems. The re-
port should include the benefits, challenges, costs, and proper re-
sponsibilities of particular federal agencies and the private sector
in developing the operation concepts and application system con-
figurations.
Digital Energy Innovation with Decentralized Technologies.—A
growing body of research and real-world examples indicate that
public, open-source decentralized technologies, including blockchain
technology, may help address existing challenges around access to
and usefulness of data generated from energy devices in order to
promote numerous innovative digital energy solutions. The Com-
mittee notes the promise of these technologies for unlocking the
economic potential of energy infrastructure investments happening
nationwide in renewable energy, electric vehicles, and distributed
energy resources like batteries to ensure these devices can partici-
pate seamlessly and reliably across different markets and sce-
narios. Therefore, the Committee encourages the continued re-
search and investment efforts related to decentralized technologies
and their application within the energy sector. The Department is
directed to provide to the Committee not later than 270 days after
the date of enactment of this Act a report on the Department’s re-
search activities related to public, open-source decentralized tech-
nologies, including blockchain technology. The report should in-
clude, but is not limited to, a discussion of all current research re-
lated to decentralized technologies, like blockchain; an outline of
research that could be done to better understand and utilize decen-
tralized technologies; recommendations for how to encourage adop-
tion and integration of decentralized technologies within the energy
sector; and any other relevant observations or recommendations
within the field of decentralized technologies and energy.
COVID–19 Research Delays.—The Committee recognizes the po-
tential impacts and delays in research caused by the effects of the
COVID–19 pandemic. The Committee notes that the Department
has taken some steps to engage scientific professional societies,
universities and colleges, and other federal agencies to obtain up-
to-date information on the impacts to institutions and research
communities to help inform an open, transparent, and equitable re-
sponse. However, the Committee is concerned that this response
has been uneven across the Department. The Department is en-
couraged to consider these impacts within the resources available.
The Department is directed to provide to the Committee not later
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than 60 days after enactment of this Act a report that details the
impacts of the COVID–19 pandemic on institutions and research
communities. The report shall outline funding and costs associated
with the impacts. Further, the Department is encouraged to in-
clude funding to address the impacts in future budget requests.
ENERGY PROGRAMS
ENERGY EFFICIENCY AND RENEWABLE ENERGY
Appropriation, 2021 ............................................................................ $2,861,760,000
Budget estimate, 2022 ....................................................................... 4,732,000,000
Recommended, 2022 ........................................................................... 3,768,000,000
Comparison:
Appropriation, 2021 ........................................................................ +906,240,000
Budget estimate, 2022 .................................................................... ¥964,000,000
The Office of Energy Efficiency and Renewable Energy (EERE)
accelerates the research, development, demonstration, and deploy-
ment activities that advance energy efficiency and renewable en-
ergy technologies, as well as federal energy assistance programs.
Since the early 1970s and in partnership with business, industry,
universities, research labs, and stakeholders, EERE has spurred
innovation of affordable, renewable energy and energy efficiency
technologies critical to combating climate change. EERE remains at
the forefront of clean energy innovation, implementing a range of
strategies aimed at creating good paying jobs, ensuring the clean
energy economy benefits all Americans, saving American families
and businesses money, and reducing pollution.
The EERE program is divided into three portfolios: sustainable
transportation, renewable energy, and energy efficiency. The sus-
tainable transportation portfolio, which consists of the vehicles, bio-
energy, and hydrogen and fuel cell programs, focuses on efforts to
decarbonize transportation across all modes to enable greater vehi-
cle electrification, commercially viable hydrogen fuel cell trucks,
sustainable aviation fuel from biomass, and lower-pollution options
for off-road vehicles, rail, and maritime transport. The renewable
energy portfolio, which consists of the solar, wind, water, and geo-
thermal programs, supports efforts to reduce the costs and accel-
erate the use and integration of renewables to contribute to a reli-
able, secure, and resilient electric grid. The energy efficiency port-
folio, which consists of the advanced manufacturing, buildings, and
federal energy assistance programs, develops cost-effective solu-
tions to reduce energy consumption in plants, buildings, and
homes.
Additional direction related to Department-wide crosscutting ini-
tiatives is provided under the heading Crosscutting Initiatives in
the front matter of Department of Energy.
In carrying out deployment activities for energy efficiency im-
provements, energy demand savings, use of renewable energy, and
other innovative energy technologies to reach climate mitigation
goals, the Department is encouraged to prioritize projects at the
local and regional level that use a cooperative model of develop-
ment, such as Energy Improvement Districts, to encourage coordi-
nation between public authorities, energy providers, property own-
ers, and citizens.
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Benefits of Renewable and Clean Energy Technologies.—The
Committee recognizes the significant impacts of the nation’s energy
infrastructure on social, health, economic, and ecological outcomes,
and that successful decarbonization efforts must consider these im-
pacts in a holistic manner. Therefore, the Department is encour-
aged to expand its efforts to study the varied benefits of distrib-
uted, renewable, and clean energy technologies, including their po-
tential to 1) address racial and economic inequality; 2) promote
community health and well-being; 3) strengthen the climate and
disaster resilience and cybersecurity of the nation’s energy infra-
structure; and 4) increase democratic participation in the energy
sector. Further, the Department is encouraged to examine how in-
creased public and nonprofit ownership of distributed, renewable,
or clean energy infrastructure, including federal, regional, munic-
ipal, and cooperative ownership of generation, distribution, and
transmission, can employ accountability mechanisms to maximize
the achievement of the described benefits, while also increasing
planning capacity to accelerate the transition to a net-zero emis-
sions economy. Finally, to conduct interdisciplinary research on
these questions, the Department is encouraged to collaborate with
other federal agencies, such as the Department of Health and
Human Services, Department of Labor, Department of Commerce,
Environmental Protection Agency, Department of the Interior, and
Department of Homeland Security, including the Cybersecurity and
Infrastructure Security Agency.
Blockchain for Energy Procurement and Traceability.—Public,
open-source decentralized technologies like blockchain are being
used in various markets worldwide to develop new digital plat-
forms for renewable energy procurement and help the companies,
cities, and other renewable energy buyers meet their voluntary pro-
curement goals. These digital solutions built with decentralized
technologies may help simplify, reduce costs, and enhance the
traceability of renewable energy trading and reporting among mar-
ket participants. These solutions may also help expand access to
more market participants. The Department is directed to coordi-
nate research about the opportunity and needs for new digital solu-
tions built with public, open-source decentralized technologies to
promote renewable energy procurement, market access, and mar-
ket growth.
Development of Open-Source Technology Services for Clean En-
ergy Products and Services.—The Committee notes the growing
global competition for clean energy goods and services as well as
the need to support energy sector digitalization. There is an oppor-
tunity to position American goods and services ahead of global com-
petition by developing and implementing open-source technology
standards for renewable energy, storage, energy efficiency, electric
vehicle, and other clean energy technologies so that these goods
and related services deliver their full economic potential. The De-
partment is encouraged to coordinate research evaluating and test-
ing open-source technological standards for clean energy products
and services, particularly in terms of use of digital identities and
decentralized identity registries for such goods, that promote great-
er interoperability and market access across energy markets and,
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ultimately, help position the United States as a clean energy solu-
tions leader.
Zero Emissions Energy Credit.—The Committee notes that in the
fiscal year 2018, 2019, and 2020 Acts the Department was directed
to produce a report to evaluate the effects of a Zero Emissions En-
ergy Credit. The Department is directed to provide this report not
later than 15 days after enactment of this Act.
Energy Transitions Initiative.—The recommendation provides not
less than $10,000,000 for the Energy Transitions Initiative (ETI) to
address high energy costs, reliability, and inadequate infrastruc-
ture challenges faced by islands and remote communities. This pro-
gram, which aims to advance self-reliant island and remote com-
munities through the development of resilient energy systems, is
enormously beneficial to its recipients that face unique energy chal-
lenges due to their remote location, fossil fuel dependency, and lim-
ited access to affordable infrastructure improvements. The program
also has a disproportionately positive effect on indigenous groups
within these locations who are subject to increased difficulty in ob-
taining and maintaining clean and resilient infrastructure. To fa-
cilitate expansion and improvement of this initiative, the Depart-
ment is directed to provide to the Committee not later than 180
days after enactment of this Act a report detailing: (1) projects un-
dertaken to date; (2) the costs and scope of each approved project;
(3) description of the evaluation criteria used to select the grant re-
cipients; (4) description of how the Department accounts for a loca-
tion’s fossil fuel dependence in the selection process; (5) how the
Department defines remoteness and to what degree it factors into
the selection process; (6) the effects of the initiative on indigenous
communities, including Alaska Natives, Native Hawaiians, and
American Indians; and (7) how the initiative incorporates cul-
turally respectful decision-making processes and addresses unique
cultural needs for areas with high populations of indigenous peo-
ples.
SUSTAINABLE TRANSPORTATION
The Committee directs the Vehicle Technologies, Bioenergy Tech-
nologies, and Hydrogen and Fuel Cell Technologies offices to work
closely with the Department of Agriculture and the private sector
to develop common metrics to evaluate and compare the impact of
the emerging green hydrogen industry on the ethanol and biodiesel
industries.
Within available funds, the recommendation provides not less
than $30,000,000 to continue the SuperTruck III vehicle dem-
onstration program and further address the energy efficiency, car-
bon dioxide emissions reduction potential, and freight efficiency of
heavy and medium duty long- and regional-haul vehicles.
The Committee notes that liquified petroleum gases (LPG), in-
cluding propane gas, are increasingly being generated from renew-
able sources. The Committee encourages the Department to sup-
port demonstration projects to show the increased viability of re-
newable LPG.
Vehicle Technologies.—Within available funds, the Committee
provides not less than $200,000,000 for Battery and Electrification
Technologies, including not less than $40,000,000 for Electric Drive
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Research and not less than $20,000,000 for the ReCell initiative to
improve strategies to recycle and repurpose batteries, including for
use on the electrical grid. The Committee also supports efforts to
improve cost, performance, and charging time of plug-in electric ve-
hicles, as well as further research into reducing the size of vehicle
batteries and reducing cobalt content. The recommendation pro-
vides not less than $25,000,000 for the Vehicle Technologies Office
to expand its partnership with the Advanced Manufacturing Office
on efforts to scale up the domestic battery supply chain, including
battery manufacturing demonstration projects.
The recommendation provides $10,000,000 for research and de-
velopment of new engine architectures that integrate low-carbon
fuels like ethanol and biodiesel, including the performance of these
engines on higher blends of renewable fuels.
The recommendation provides up to $25,000,000 to advance zero-
emission technologies for off-road applications and improving the
energy efficiency of commercial off-road vehicles, including fluid
power systems.
The Committee recognizes novel engine designs can achieve sig-
nificant efficiency improvements. The recommendation provides up
to $10,000,000 to support research and development for two-stroke
opposed piston engines.
The Committee recommends not less than $100,000,000 for Tech-
nology Integration, previously called Outreach, Deployment, and
Analysis.
The Committee directs the Department to continue to support
the Clean Cities alternative fuels deployment program focused on
vehicles that can deliver lower greenhouse gas emissions and meet
customer needs, which can include vehicles powered by biofuels,
electricity, hydrogen, natural gas, renewable natural gas, and pro-
pane. Within available funds, the recommendation provides not
less than $60,000,000 for deployment through the Clean Cities pro-
gram, including not less than $40,000,000 for competitive grants,
to support alternative fuel, infrastructure, new mobility, and vehi-
cle deployment activities. When issuing competitive grants in sup-
port of these activities, the Department is encouraged to include
some awards that range from $500,000 to $1,000,000 each and en-
courage at least one Clean Cities coalition partner. The Committee
encourages the Department to ensure balance in the award of
funds to achieve varied aims in fostering broader adoption of clean
vehicles and installation of supporting infrastructure. The Com-
mittee further encourages the Department to prioritize projects
that can contribute the most greenhouse gases reduction. The Com-
mittee encourages the Department to work with the Department of
Transportation and industry on coordinating efforts to deploy EV
charging infrastructure. The Committee encourages the Depart-
ment to explore ways in which the Clean Cities Program can lever-
age funding to provide greater support for electrification efforts, in-
cluding in underserved communities, recognizing the strong emis-
sions reduction and public health benefits delivered by electrifica-
tion.
The Committee recommends not less than $50,000,000 for En-
ergy Efficient Mobility Systems.
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The recommendation provides not less than $5,000,000 for elec-
tric vehicle workforce development activities. Integrating electric
vehicles into the nation’s public and private fleets requires special-
ized expertise and knowledge, and the Department has a leader-
ship role to play in helping institutions confront these challenges
as the electric vehicle and autonomous markets shift the landscape.
Considering the complicated challenges for fleet managers and
manufacturers in designing and building vehicles capable of being
operated in a cost effective and safe manner, the Department is di-
rected to provide to the Committee not later than 180 days after
enactment of this Act a report that describes how the Vehicle Tech-
nologies Office, in coordination with the Advanced Manufacturing
Office, is meeting these challenges. Further, the Department is di-
rected to coordinate with the Department of Transportation to de-
velop a roadmap for electric vehicle transition and workforce train-
ing. The Department is directed to coordinate with the Clean Cities
Program and the Department of Transportation to ensure all ac-
tivities are aligned to meet the goals of widespread adoption of
electric vehicles.
The Department is directed to coordinate with and assist the En-
vironmental Protection Agency with the Clean School Bus Grant
Program.
The Committee directs the Department to carry out a nation-
wide assessment of the state of, challenges to, and opportunities for
deployment of electric vehicle charging infrastructure in under-
served or disadvantaged communities. The Committee encourages
the Department to look at urban, rural, and suburban areas. The
Committee encourages the Department to create a publicly acces-
sible and routinely updated registry, at the most granular level
practicable, of existing and planned publicly accessible electric ve-
hicle charging stations throughout the United States. The Depart-
ment is directed to provide to the Committee not later than 90 days
after enactment of this Act a briefing on the methodology that will
be used to obtain information provided in the assessment. Further,
the Department is directed to provide the assessment to the Com-
mittee not later than 180 days after enactment of this Act and re-
lease the assessment on a publicly accessible website as soon as
practicable.
The Committee directs the Department to increase deployment
and accessibility of electric vehicle charging infrastructure in un-
derserved or disadvantaged communities through grants, technical
assistance, and community engagement. The Committee encour-
ages the Department to focus on electric vehicle charging infra-
structure that is publicly accessible or available to residents of
multi-unit dwellings, including public and affordable housing, who
would otherwise lack convenient access to such infrastructure. The
Committee encourages the Department to partner with local gov-
ernment entities and community organizations to increase aware-
ness of the program benefits and ensure that the needs and con-
cerns of local communities are specifically addressed.
Propane-fueled vehicles may have a lower emissions profile than
traditional gasoline powered vehicles, and the Department is en-
couraged to support additional research to advance this technology
to a commercial scale.
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The Department is encouraged to address technical barriers to
the increased use of natural gas vehicles, including medium and
heavy duty on-road vehicles, off-road vehicles, maritime, and rail.
The Department is encouraged to consider the impacts of sup-
porting activities in any state or locality that has enacted and is
enforcing any law or order prohibiting the construction of any type
of fueling or charging station for transportation vehicles.
Bioenergy Technologies.—The recommendation provides
$50,000,000 for Feedstock Technologies and the Biomass Feedstock
National User Facility and $40,000,000 for advanced algal systems.
The recommendation provides $3,000,000 for research, at com-
mercially relevant processing scales, into affordable wood chip frac-
tionation technologies and other processing improvements relevant
to biorefineries in order to enable economic production of cellulose
nanomaterials and economic upgrading of hemicelluloses and
lignin.
The recommendation provides not less than $20,000,000 for the
Agile BioFoundry to continue developing methods and technologies
to advance biological engineering, to support expanded focus on ar-
tificial intelligence and machine learning and software develop-
ment, to improve the predictive design of organisms and pathways,
to build tools accessible to the wider scientific community, and for
the purchase of state-of-technology instrumentation that will en-
able better and more expansive collaborations. A portion of the
funding should be used to support Directed Funding Opportunities
to meet the demand for collaboration by industry partners.
The Committee supports the Department’s research to integrate
the use of captured carbon as feedstock in high pH algal cultivation
to maximize the production of biofuels and bioproducts and re-
search to develop advanced sorbent materials to optimize direct air
carbon capture.
The Committee recognizes the vital importance of forests and
grasslands as natural carbon storage. These ecosystems provide a
critical regulating function in offsetting the nation’s annual green-
house gas emissions. The Department is directed to consider mech-
anisms that will incorporate the preservation and expansion of for-
ests and grasslands and metrics for natural climate solutions. The
Department shall define metrics to report the benefits of these ac-
tions on carbon and weather growing alignment with other agen-
cies that have responsibility.
Hydrogen and Fuel Cell Technologies.—The recommendation pro-
vides not less than $100,000,000 for continuation of the H2@Scale
Initiative to facilitate wide-scale hydrogen production and utiliza-
tion in the United States, to enable resiliency of power generation
and transmission, as well as the advancement of a wide range of
industrial processes for the production of fuels, chemicals, and
other materials.
The recommendation provides not less than $114,000,000 for
technologies to advance hydrogen use for heavy-duty transportation
and industrial applications and not less than $70,000,000 for activi-
ties relevant to hydrogen as a fuel for sustainable aviation.
The recommendation provides not less than $30,000,000 for Fuel
Cell Technologies, with a focus on reducing fuel cell system cost
and improving overall system efficiency and durability. Component
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development and testing should include stack materials, material
processing, efficient and cost-effective air compression, operation at
low humidification levels and materials that are robust to poor air
quality.
The Committee recognizes the potential for perovskites as cata-
lysts and catalyst supports for hydrogen extraction from hydrogen-
rich feedstocks and carriers. The recommendation provides
$2,500,000 for research that tightly couples advanced modeling,
characterization, and controlled synthesis to elucidate the key
mechanisms in this technology. This research should include par-
ticipation by a university with demonstrated expertise with
perovskite materials.
The recommendation provides not less than $15,000,000 to cost
share the Office of Nuclear Energy hydrogen demonstration project,
including for high temperature electrolysis research and develop-
ment at a national laboratory.
The recommendation provides not less than $14,000,000 to sup-
port ongoing efforts for high- and low-temperature electrolyzer de-
velopment. The Department is encouraged to pursue research on
large-scale low carbon intensity hydrogen production, including
high-temperature electrolysis, to enable decarbonization of the in-
dustrial sector. The Department is directed to consider the
transactive interactions of the electrolyzer operation with the grid
as well as the development of transportation fuels and high value
chemical products from hydrogen produced at a nuclear power
plant.
Within available funds, the recommendation provides not less
than $10,000,000 for solar fuels research and development to iden-
tify and develop entirely solar driven processes for hydrogen pro-
duction, including activities on adsorbents for sequestering carbon
dioxide and catalysts needed to activate carbon dioxide and hydro-
gen. To test these processes at scale, funds may be used to assist
partners in designing, building, and operating a continuous labora-
tory scale pilot plant that integrates such systems. The Depart-
ment is encouraged to leverage research and technology advances
from the Fuels from Sunlight Energy Innovation Hub program.
Within available funds, the recommendation provides not less
than $60,000,000 for System Development and Integration, includ-
ing not less than $10,000,000 for Safety, Codes, and Standards.
The Department is encouraged to pursue research and partner-
ships with non-federal entities on large-scale low carbon intensity
hydrogen energy production, including next generation liquefaction
plants, large-scale hydrogen energy storage, and development of
systems and equipment for the production and delivery of small-
scale and large-scale hydrogen energy. Further, the Department is
encouraged to continue to research ways to reduce the cost of hy-
drogen fuel production, storage, and distribution. The Department
is encouraged to continue to research novel onboard hydrogen tank
systems, as well as trailer delivery systems to reduce cost of deliv-
ered hydrogen and to work with the Department of Transportation
on coordinating efforts to deploy hydrogen fueling infrastructure.
The Department is directed to provide to the Committee not later
than 120 days after enactment of this Act a briefing on its efforts
to work cooperatively with industry, university, and laboratory
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partners and efforts to develop strategies and technologies to sup-
port continued evolution and success of low-carbon intensity hydro-
gen production. The briefing shall include an outline of a technical
and policy roadmap to demonstrate how existing infrastructure can
be utilized in a transition to low-carbon intensity hydrogen produc-
tion.
RENEWABLE ENERGY
Solar Energy.—The recommendation provides not less than
$60,000,000 for Systems Integration, including for demonstration of
operation of the grid with very high levels of solar penetration.
The recommendation provides not less than $75,000,000 for Pho-
tovoltaic Technologies.
The Committee notes that the Department recently announced a
comprehensive and systematic approach to support Cadmium Tel-
luride (CdTe) Photovoltaics (PV). This work will advance low-cost
manufacturing techniques and domestic research capabilities in
this important domestic sector. The Committee notes that the
United States is the leader in CdTe PV manufacturing, contrib-
uting to high value job production in the Midwest and elsewhere.
The recommendation provides not less than $30,000,000 for addi-
tional investments in CdTe to implement goals of a technology
roadmap developed by the consortium for research leading to re-
ducing CdTe module manufacturing costs, addressing supply chain
challenges, achieving greater cell and module efficiency, cutting
CdTe solar costs while extending solar panel life, and increasing
the global market share of domestically-produced PV. The Com-
mittee further notes that this program is intended to ensure manu-
facturing, development, and supply chain jobs for CdTe technology.
The recommendation provides not less than $30,000,000 for re-
search, development, demonstration, and commercialization activi-
ties focused on perovskites, including inherently scalable produc-
tion methods, such as solution processing, roll-to-roll manufac-
turing, or inline rigid substrate/superstrate processing, the science
of inherent material stability, and ultra-high efficiency through
tandem or hybrid tandem cell or module architectures.
The recommendation provides not less than $20,000,000 to con-
tinue and expand work to lower barriers to solar adoption for low-
income households, renters, multifamily homes, and minority com-
munities, and the Department is directed to prioritize these activi-
ties throughout the programs of the Solar Energy Technologies Of-
fice. This includes exploring and providing resources on financing
and business models that are well-suited to these households and
communities.
The recommendation provides not less than $50,000,000 for Bal-
ance of System Soft Costs efforts focused on reducing the time and
costs for planning, siting, permitting, inspecting, and inter-
connecting distributed and large-scale solar or storage projects
through standardized requirements, online application systems,
and technical assistance.
The recommendation provides not less than $60,000,000 for Con-
centrating Solar Power Technologies. Within available funds for
Concentrating Solar Power Technologies, the recommendation pro-
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vides up to $50,000,000 to advance technologies for long-duration
storage and process heat for industrial applications.
The recommendation provides up to $20,000,000 for research, de-
velopment, demonstration, and commercialization projects to create
innovative and practical approaches to increase the reuse and recy-
cling of solar energy technologies.
Within available funds, the recommendation provides
$15,000,000 for technology development, testing and verification of
technologies that help solar energy projects avoid, minimize, and
mitigate impacts on wildlife and ecosystems, including through im-
proved scientific research into avian-solar interactions. The Depart-
ment is directed to continue research and activities to promote the
development and deployment of bird-friendly renewable energy de-
velopment that applies technologies and procedures to mitigate
bird collisions.
The Solar Energy Technologies Office is directed to collaborate
with the Office of Indian Energy Policy and Programs to advance
demonstration, field testing, financing, and deployment of distrib-
uted solar and energy storage technologies for households and com-
munities in Tribal nations that lack connection to the electric grid.
The Department is encouraged to cooperate with industry and
academia in its research and development efforts. The Department
is encouraged to research ways to accelerate zoning for solar
projects while balancing local government interests and access for
project developers. The Committee encourages research and devel-
opment efforts to target grid storage improvements, demand-re-
sponse and load-shaping technologies, and modeling and planning
tools for distributed energy resources.
Wind Energy.—The recommendation provides not less than
$12,000,000 for distributed wind technologies. The Department is
encouraged to continue investment in research, competitiveness im-
provement, soft costs, workforce development, and deployment.
Further, the Department is encouraged to distribute funding to ex-
pand geographic distribution of benefits for rural communities,
farmers, businesses, and U.S. workers, with an emphasis on dis-
placed fossil fuel workers.
The recommendation provides not less than $60,000,000 for off-
shore wind, including to support competitive solicitation of offshore
wind demonstration projects. The Department is directed to sup-
port innovative offshore wind demonstration projects to optimize
their development, design, construction methods, testing plans, and
economic value proposition.
The recommendation provides $6,000,000 for Centers of Excel-
lence focused on the offshore wind energy engineering, infrastruc-
ture, supply chain, transmission, and other pertinent issues re-
quired to support offshore wind in the United States. The univer-
sity-based Centers will develop regional and national strategies to
support research, curriculum development, and fellowships aimed
at increasing U.S. university offshore wind workforce development
capacity in order to accelerate and maximize the effectiveness, reli-
ability, and sustainability of U.S. offshore wind deployment and op-
eration with partners from institutions of higher education, re-
search institutions, national laboratories, the private sector, and
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state and local-level public sector representatives relevant to
emerging commercial scale offshore wind deployments.
The recommendation provides $4,000,000 for work on advanced
manufacturing of large offshore wind blades and components and
$1,000,000 for the Wind for Schools program.
The recommendation provides $5,000,000 for the Wind Energy
Technologies Office and the Water Power Technologies Office to
support university-led research projects related to resource charac-
terization, site planning, aquaculture assessments, community out-
reach, and planning for long-term environmental monitoring for ap-
plications of marine energy and floating offshore wind technologies
to support sustainable, scalable aquaculture production.
The recommendation provides up to $30,000,000 for demonstra-
tion activities of onsite manufacturing of turbine system compo-
nents to enable turbine construction with blade length greater than
75 meters.
The Committee is aware of and supports the ongoing work of the
Wind Turbine Radar Interference Mitigation working group man-
aged by the Wind Energy Technologies Office. The Department is
directed to provide to Committee not later than 180 days after en-
actment of this Act a report on the efforts of the working group.
The report should include the status of testing, certification and de-
ployment of mitigation options by radar type and department or
agency; remaining steps and timelines before mitigation options
currently being developed or tested could be available for deploy-
ment; identification of resource gaps to achieve deployment of miti-
gation options currently being tested; identification of mitigation
options that are not currently being considered due to resource con-
straints but may be promising with additional resources and
prioritization; and mitigation options that have been dismissed
along with an explanation of why the option is not considered via-
ble.
Water Power.—The recommendation provides not less than
$69,000,000 for Hydropower Technologies and up to $137,000,000
for Marine Energy. The Department is encouraged to consider the
use of existing authorities to waive cost share for water power tech-
nology research, development, demonstration, and deployment ac-
tivities as appropriate.
The recommendation provides $5,000,000 to continue industry-
led research, development, demonstration, and deployment efforts
of innovative technologies for fish passage and invasive fish species
removal at hydropower facilities, as well as analysis of hydrologic
climate science and water basin data to understand the impact of
climate change on hydropower.
The recommendation provides up to $10,000,000 for small hydro-
power innovation, testing, and initiatives, including industry-led
competitive solicitations for advanced turbine demonstrations, im-
proved environmental performance and sustainability, operational
efficiency, and standardized or modular project deployment applica-
tions.
The Committee remains supportive of the Department’s ongoing
scoping activities toward establishing a network of hydropower
testing facilities. The recommendation provides up to $5,000,000
for design and engineering based on the outcome of the scoping
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analysis. Further, the Department is directed to provide to the
Committee not later than 90 days after enactment of this Act a
briefing on its strategy for establishing these facilities.
The recommendation provides $10,000,000 for the purposes of
sections 242 and 243 of the Energy Policy Act of 2005.
The recommendation provides not less than $24,000,000 for the
Powering the Blue Economy initiative. The Committee supports the
Department’s growing investment and focus on its Powering the
Blue Economy, including cross-cutting initiatives within the De-
partment and with other federal partners that integrate marine en-
ergy harvesting, energy storage, and continuous, wide area envi-
ronmental monitoring. The Department is directed to continue
leveraging existing core capabilities within its national laboratories
to execute this work, in partnership with universities and industry.
Within available funds, the recommendation provides up to
$20,000,000 to address infrastructure needs at marine energy tech-
nology testing sites, including general plant projects, and support
for planning activities for the staged development of an ocean cur-
rent test facility. The Committee recognizes the challenges of
decarbonizing remote communities and the maritime sector. The
Department is encouraged to continue to focus on activities ad-
dressing the integration of clean energy systems for remote commu-
nities and port electrification, including the demonstration of ma-
rine, distributed wind, solar, energy storage, improved microgrids,
and local production of zero-carbon fuels.
The recommendation provides not less than $60,000,000 for in-
dustry-led competitive solicitations to increase energy capture, im-
prove reliability, and to assess and monitor environmental effects
of marine energy systems and components at a variety of scales, in-
cluding full scale prototypes. The recommendation provides up to
$24,000,000 for foundational research activities led by universities
and other research institutions affiliated with the National Marine
Energy Centers.
The recommendation provides up to $10,000,000 to continue de-
velopment and construction of an open water, fully energetic, grid
connected wave energy test facility. The recommendation provides
up to $5,000,000 for the Department to continue its support of op-
erations at the Atlantic Marine Energy Center to accelerate the
transition of wave and tidal energy technologies to market. The
recommendation provides up to $8,000,000 for continuation of the
Testing Expertise and Access for Marine Energy Research initia-
tive.
The recommendation provides up to $35,000,000 to expand the
HydroWIRES program to enhance the flexibility of America’s hy-
dropower and pumped storage hydropower resources, including
support for research, development, and demonstration to advance
pumped storage hydro projects.
The Department is encouraged to continue efforts for increased
grid reliability, integration of other energy resources, and energy-
water systems resilience, such as hybridized hydropower and bat-
tery storage applications, microgrids, and machine learning.
The Committee supports the efforts of the Department to pro-
mote irrigation modernization as an opportunity for promoting
thriving agriculture, decarbonization, sustainable water manage-
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ment, and rural community wellbeing. The Department is directed
to build on the pre-engineering design tool for irrigation moderniza-
tion and conduct demonstration and deployment activities.
The Committee recommends the Department continue to coordi-
nate with the U.S. Navy and other federal agencies on marine en-
ergy technology development for national security and other appli-
cations.
The Committee recognizes the emergence of Ocean Thermal En-
ergy Conversion (OTEC) and Sea Water Air Conditioning (SWAC)
systems in the United States and the potential to produce sustain-
able electricity, reduce carbon dioxide emissions, and diversify fuel
options while creating job opportunities. The Committee also recog-
nizes the Department of Defense’s investment in SWAC and OTEC
technologies for Guam and other military bases in the Indo-Pacific
region. The Department is directed to provide to the Committee not
later than 180 days after enactment of this Act a report on the fea-
sibility of incorporating engineering within SWAC and OTEC that
would enhance open-ocean aquaculture and serve to stimulate bio-
logical productivity in nutrient-poor off-shore waters as a means of
accelerating capture and sequestration of atmospheric carbon diox-
ide as well as stimulating offshore fisheries. This report shall in-
clude completed, ongoing, and planned OTEC and SWAC projects
in non-contiguous states and U.S. territories. The report shall also
include recommendations to address barriers to expanding OTEC
and SWAC technologies.
Geothermal Technologies.—The Department is directed to focus
on all stages of research and development, market transformation
activities to advance geothermal strategies, and implementation of
the recommendations outlined in the GeoVision study.
The recommendation provides up to $75,000,000 for enhanced
geothermal system demonstrations and next-generation geothermal
demonstration projects in diverse geographic areas. The Depart-
ment is encouraged to consider at least one demonstration projects
in an area with no obvious surface expression or to develop deep,
direct use geothermal technologies to distribute geothermal heat
through an integrated energy system or district heating system.
Further, the Department is encouraged to consider at least one
such super-hot rock demonstration that showcases innovative drill-
ing methods, such as energy drilling, to depths of 10 kilometers or
more.
The recommendation provides not less than $20,000,000 for re-
search, development, and demonstration efforts in super-hot rock
geothermal technology.
The recommendation provides not less than $20,000,000 for Low
Temperature and Coproduced Resources, including research, devel-
opment, and demonstration for activities such as critical mineral
recovery, deep-direct use, thermal storage, and closed-loop systems.
The Committee notes the emergence of geothermal systems in
the United States and the potential to produce sustainable elec-
tricity, reduce carbon emissions, and diversify energy options while
creating business and job opportunities. The Department is di-
rected to conduct investigations of geothermal resource prospects to
the degree necessary for determination of potential generation ca-
pacity as well as the technical and economic viability to serve as
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a renewable, secure source of electrical, space conditioning, and
thermal processing needs as appropriate to demands for Depart-
ment of Defense installation lands as well as immediately adjacent
public lands located in non-contiguous states and U.S. territories.
ENERGY EFFICIENCY
Advanced Manufacturing.—The recommendation provides
$25,000,000 for the Energy-Water Desalination Hub and not less
than $5,000,000 for improvements in the steel industry.
The Committee notes that industrial drying processes consume
approximately 10 percent of the process energy used in the manu-
facturing sector. The recommendation provides $10,000,000 to im-
prove the efficiency of industrial drying processes.
The Committee recognizes the potential for energy savings in
water and wastewater treatment systems, which are among the
country’s largest industrial electricity users. The Committee appre-
ciates the Department’s work on technical assistance in this area
and provides $5,000,000 to expand the technical assistance pro-
vided for water and wastewater treatment. The Department is di-
rected to provide to the Committee not later than 120 days after
enactment of this Act a briefing on its plan to ensure the technical
assistance is aligned with the related programs operated by the
U.S. Environmental Protection Agency and the U.S. Department of
Agriculture to assist communities that seek to upgrade systems to
utilize energy efficient and alternative energy improvements at
these facilities. The Department is directed to summarize its efforts
to work with key stakeholders in this area, including wastewater
and drinking water providers, to maximize the investment of these
dollars to high priority targets. In addition, the recommendation
provides $20,000,000 for research and development on technologies
to achieve energy efficiency of water and wastewater treatment
plants, including the deployment of alternative energy sources, as
appropriate.
The recommendation provides $10,000,000 for the development of
advanced tooling for lightweight automotive components to lead the
transition to electric vehicle and mobility solutions to meet the na-
tional urgency for market adoption. The Department is directed to
further foster the partnership between the Manufacturing Dem-
onstration Facility and universities and industry located in areas
where existing industry is clustered to accelerate technology de-
ployment and increase the competitiveness of U.S. manufacturing
industries.
The recommendation provides up to $20,000,000 to continue de-
velopment of additive manufacturing involving nanocellulose feed-
stock materials made from forest products. The Department is di-
rected to conduct this work in partnership with the Manufacturing
Demonstration Facility (MDF) in order to leverage expertise and
capabilities for large scale additive manufacturing.
The recommendation provides not less than $20,000,000 for the
Advanced Manufacturing Office to work in coordination with Hy-
drogen and Fuel Cell Technologies Office to support high-impact
activities for the development and deployment of hydrogen and fuel
cell technologies, including on the economic use of low-carbon hy-
drogen for industrial processes.
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The recommendation provides up to $25,000,000 for a competi-
tive solicitation to accelerate development of manufacturing proc-
esses needed for micro-battery technologies. The Department is en-
couraged to support awards that include strong end user participa-
tion and a clear path to market adoption.
The recommendation provides $25,000,000 for the Manufacturing
Demonstration Facility (MDF) and the Carbon Fiber Technology
Facility. Within available funds for MDF, the recommendation pro-
vides $5,000,000 for the development of processes for hybrid mate-
rials solutions with prescribed microstructural and mechanical
properties to enable precise property profiles for born qualified and
certified components.
The recommendation provides not less than $10,000,000 for con-
version and retooling of manufacturing industrial facilities, such as
authorized by section 132 of the Energy Independence and Security
Act of 2007 and section 712 of the Energy Policy Act of 2005, to
support the domestic auto industry and to retain American com-
petitiveness in building the vehicles of the future.
The recommendation provides $20,000,000 for process-informed
science, design, and engineering materials and devices in harsh en-
vironments, including nuclear environments, and to demonstrate
integrated energy systems applied to decarbonized steel making
and refractory materials, including net zero or high-temperature
hydrogen-based decarbonization. The recommendation provides
$10,000,000 for continued research for dynamic catalyst science
coupled with data analytics.
The recommendation provides not less than $20,000,000 for elec-
tric vehicle battery manufacturing. The Department is directed to
prioritize funding to partnerships and consortiums that include pri-
vate industry, universities, and nonprofit organizations with exper-
tise in electric vehicle manufacturing, electric vehicle workforce de-
velopment, and regional innovation development.
The recommendation provides $10,000,000 for research, develop-
ment, and demonstration activities that will enable U.S. manufac-
turers to increase the recovery, recycling, reuse, and remanufac-
turing of plastics, metals, electronic waste, and fibers.
The recommendation provides up to $10,000,000 for technical as-
sistance grants, in coordination with the Building Technologies Of-
fice, to enable small- and medium-sized businesses to create inde-
pendently verified and comparable assessments of the lifecycle
emissions impact of construction materials using environmental
product declarations. The Department is encouraged to work with
the U.S. Environmental Protection Agency, National Institute of
Standards and Technology, General Services Administration, and
Office of Federal Procurement Policy on any efforts related to as-
sessing lifecycle emissions of different materials and products.
The recommendation provides up to $25,000,000 for the Indus-
trial Assessment Centers (IAC). The Department is encouraged to
support regions that are currently designated as underserved
through the IAC program.
The recommendation provides $13,000,000 to provide ongoing
support for the Combined Heat and Power (CHP) Technical Assist-
ance Partnerships (TAP) and related CHP activities.
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Recent advancements in machine learning have opened the door
to increase the efficiency and sustainability of gold and silver metal
extraction. The recommendation provides up to $10,000,000 for the
issuance of a competitive solicitation for industry-led teams to im-
prove the efficiency and sustainability of gold and silver extraction
through artificial intelligence and machine learning.
The recommendation provides up to $10,000,000 for efforts to
promote Strategic Energy Management practices and up to
$30,000,000 for competitive grants to companies for the hiring or
designation of plant energy managers. The Department is encour-
aged to focus efforts related to Strategic Energy Management on
small- and medium-sized manufacturing. The recommendation pro-
vides up to $55,000,000 for the Better Plants program to offer com-
prehensive assessment and engagements to the largest greenhouse
gas emitting manufacturing facilities. The recommendation pro-
vides up to $60,000,000 for competitive grants to provide cost-share
payments to manufacturing plants for the installation of underuti-
lized, existing low-carbon technologies. The recommendation pro-
vides up to $30,000,00 for support of the development and adoption
of smart manufacturing practices directed toward small- and me-
dium-sized manufacturers. The recommendation provides up to
$55,000,000 for research, development, and deployment to develop
and promote the adoption of technologies that can dramatically re-
duce the greenhouse gas emissions from process heating applica-
tions.
The recommendation provides up to $20,000,000 for the develop-
ment of transformative processes for manufacturing-related carbon
dioxide separation and utilization. The Department is directed to
coordinate with the Office of Fossil Energy and Carbon Manage-
ment as it proceeds with this work. The Department is encouraged
to support research and development on carbon capture, utilization,
and storage with an emphasis on utilization within industry proc-
esses and materials, low-carbon fuels, transformative technology
that will allow deep industrial decarbonization, materials efficiency
and circular economy, carbon intensity definitions and labeling
across key product groups, and the steel industry.
The Department is directed to carry out activities in accordance
with title VI of the Energy Act of 2020. The Committee supports
the expanded use of smart manufacturing technologies across a
broad range of industrial users and encourages the Department to
continue activities to lower the adoption hurdles of these emerging
and transformative technologies.
The Committee continues to support the Clean Energy Manufac-
turing Innovation (CEMI) Institutes. The Committee is aware of
the existing six CEMI Institutes’ capabilities and efforts in advanc-
ing clean-energy solutions that will help reduce pollution, green-
house gas emissions, and dependence on oil while launching new
businesses and creating high-wage, highly-skilled, clean-energy
jobs. The Department is directed to provide to the Committee not
later than 90 days after enactment of this Act a briefing on the po-
tential benefits and considerations of renewing or extending exist-
ing CEMI agreements, including extensions of not less than five
years.
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The Department is encouraged to coordinate with the Solar En-
ergy Technologies Offices on the use of solar technologies for long-
duration storage and process heat for industrial applications.
The Committee remains supportive of the Critical Materials En-
ergy Innovation Hub.
To remain competitive, the U.S. aerospace industry must contin-
ually increase efficiencies to meet increasing production rate de-
mands. The Committee recognizes the Department’s success in
partnering with industry to solve its most challenging problems, in-
cluding the development and deployment of artificial intelligence
and machine learning. The Department is encouraged to continue
to support the application of machine learning to increase effi-
ciencies in large-scale, high-rate aerostructures manufacturing.
Silicon carbide ceramic matrix composites have been proven as a
capable material for high temperature applications. The Depart-
ment is encouraged to continue its efforts regarding silicon carbide
components.
The Department is directed to provide to the Committee not later
than 30 days after enactment of this Act a briefing on the status
of its decarbonization roadmaps in key technology areas to guide
research and development at the Department to achieve signifi-
cant, economical greenhouse gas emission reductions by 2050, in-
cluding energy efficiency, process electrification, industrial elec-
trification technologies, and carbon capture.
The Committee recognizes the growing need for the use of more
sustainable chemistry in consumer and commercial products, which
can create significant value as an economic opportunity for U.S.
manufacturing. The fiscal year 2021 Act directed the Department
to provide a report exploring how incorporating sustainable chem-
istry in consumer and commercial manufacturing processes fits
within its research and development portfolio and can benefit these
processes. The Committee is still awaiting this report and directs
the Department to provide the report to the Committee not less
than 30 days after enactment of this Act.
The Committee supports the Department’s efforts to develop the
next generation of energy and manufacturing entrepreneurs
through the Lab-Embedded Partnership Programs. The Depart-
ment is directed to brief the Committee not later than 90 days
after enactment of this Act on the status of existing programs and
the potential for establishing additional programs at national lab-
oratories or DOE sites.
The Committee encourages continued efforts at the Lithium Re-
search Center to convert lithium chloride to lithium hydroxide. The
Department is encouraged to support activities for the purposes of
developing and building capabilities to process lithium ore into
cathode-grade material of lithium hydroxide.
Building Technologies.—The recommendation provides not less
than $60,000,000 for Commercial Building Integration, not less
than $60,000,000 for Residential Buildings Integration, and not
less than $60,000,000 for Equipment and Building Standards.
Within available funds for Equipment and Building Standards, the
recommendation provides not less than $10,000,000 for Building
Energy Codes to increase training, including certifications, and pro-
vide technical assistance to states, local governments, regional
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collaboratives, workforce development providers, homebuilders, of-
fice builders, architects, engineers, and other organizations that de-
velop, adopt, or assist with the adoption or compliance with model
building energy codes and standards to improve energy efficiency
and resilience. Within available funds, the recommendation sup-
ports smart building acceleration, as authorized in section 1007 of
the Energy Act of 2020, and the Department is directed to
prioritize these activities.
The recommendation provides up to $40,000,000 to expand ef-
forts to accelerate adoption of electric heat pumps. The rec-
ommendation provides up to $50,000,000 for activities to accelerate
grid-enabled buildings and reduce barriers to dynamic, responsive
building energy use that can meet customers’ needs and support a
reliable electric grid.
The Department is directed to develop programs to support a
skilled, robust, diverse, and nationally representative energy effi-
ciency and building electrification workforce. The recommendation
provides up to $30,000,000 for these activities. The Department is
encouraged to collaborate with the Department of Education and
the Department of Labor on educational and worker training pro-
grams. Further, the Department is encouraged to develop strate-
gies and activities to increase adoption of energy-saving and emis-
sions-reducing technologies for low-income households, multifamily
buildings, and minority communities.
The recommendation provides up to $40,000,000 for solid-state
lighting, including field evaluations that examine the potential of
advanced, tunable lighting to deliver health, wellness, and produc-
tivity benefits, in addition to greater energy efficiency. If the Sec-
retary finds solid-state lighting technology eligible for the Twenty-
First Century Lamp prize, specified under 655 of the Energy Inde-
pendence and Security Act of 2007, $5,000,000 shall be made avail-
able to fund the prize or additional projects for solid-state lighting
research and development.
The recommendation provides $5,000,000 for the establishment
of a Heat Pump Consortium to integrate and deploy heat pump
technologies in a joint industry partnership. The Department is di-
rected to provide to the Committee not later than 90 days after en-
actment of this Act a briefing on how the consortium will incor-
porate thermal heat pump technologies.
The Committee notes that natural gas and propane gas currently
play a role in meeting energy needs of U.S. homes and commercial
buildings. While the Department is encouraged to focus its natural
gas and propane gas activities on energy efficiency efforts, includ-
ing applications that integrate with renewables, the Department is
directed to phase down all research, development, and commer-
cialization work related to gas systems and appliances. Further,
the Department is encouraged to study the future market commer-
cialization of combined heat and power, including integration with
renewables, and how the commercialization will increase energy ef-
ficiency efforts nationwide.
The Department is directed to continue to fulfill its statutory ob-
ligation to promulgate natural gas appliance standards and to pro-
vide support for building energy codes development and adoption.
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The Department is encouraged to continue to invest in
transactive energy and control research, development, and dem-
onstration activities to allow buildings, energy generation and stor-
age assets, and the electrical grid to seamlessly interact to enhance
reliability, security, and efficiency of the nation’s electrical distribu-
tion systems. The effort should be implemented at an existing, suc-
cessful development and demonstration platform at a university
center. The Department is encouraged to emphasize the integration
of renewable energy assets, such as photovoltaics, associated hard-
ware and software development, and the establishment of a living
and learning laboratory that integrates training of new and current
professionals.
The Department is directed to expand its work to advance build-
ing upgrades and weatherization of homes, as well as to advance
work in grid-integrated efficient buildings and inclusion of smart
grid systems, demand flexibility and new initiatives in workforce
training to ensure the technology and research findings reach prac-
titioners. The Committee encourages funding to be used to facili-
tate widespread deployment and dissemination of information and
best practices through direct engagement with builders, labor orga-
nizations, equipment manufacturers, smart grid technology and
systems suppliers, integrators, state and local governments, and
other market transformation activities. The Department is encour-
aged to support deep whole-house energy efficiency retrofits, in-
cluding outreach, engagement, and training to private sector con-
tractors, and encouraged to continue efforts to advance smart home
technology.
The Building Technologies Office is encouraged to collaborate
with other offices throughout the Department, especially including
efforts pertaining to improved building-to-grid interactions and in-
tegration of energy storage and renewable energy.
The Department is directed to provide to the Committee not later
than 120 days after enactment of this Act a briefing outlining the
opportunities and challenges in deploying energy efficient building
technologies to public buildings and buildings that host providers,
such as food banks, serving community needs. The briefing should
estimate the resource potential, outline mechanisms that could be
employed to overcome the challenges of wide-spread deployment of
energy efficient technologies, and the potential role of other federal
agencies.
Within available funds for Emerging Technologies, the Com-
mittee encourages activities for heating, ventilation, and air condi-
tioning (HVAC) and refrigeration research, development, and dem-
onstration, to include heat pumps, heat pump water heaters, and
boilers. The Department should focus efforts to address whole
building energy performance and cost issues to inform efforts to ad-
vance beneficial electrification and greenhouse gas mitigation with-
out compromising building energy performance.
Federal Energy Management Program.—The recommendation
provides not less than $20,000,000 for the Department to continue
its work through the Assisting Federal Facilities with Energy Con-
servation Technologies (AFFECT) program.
The recommendation provides not less than $2,000,000 for work-
force development and the Performance Based Contract National
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Resource Initiative. The fiscal year 2020 Act directed the Depart-
ment to provide a report that outlines the types of technical and
financial expertise the Department is suited to provide and in-
cludes an analysis of the available infrastructure work that can be
accomplished through performance-based contracts over a 10-year
period and the resources necessary to achieve this goal. The Com-
mittee is still awaiting this report and directs the Department to
provide this report not later than 15 days after enactment of this
Act.
The Department is directed to establish an improved process to
assist in guiding infrastructure investments through energy per-
formance contracts management, including, but not limited to, En-
ergy Savings Performance Contracts (ESPCs) and Utility Energy
Savings Contracts (UESCs), to effectively and efficiently reduce en-
ergy costs, reduce greenhouse gas emissions, and improve facilities.
The Department is directed to conduct a solicitation for the Indefi-
nite Delivery, Indefinite Quantity in fiscal year 2022 if additional
funds are available for these activities that were not included in
this Act. The Department is directed to ensure the availability of
sufficient acquisition staffing resources to address energy saving
measures, as well as to streamline and find efficiencies in the ap-
proval of projects to continue to provide climate, resilience, and eco-
nomic benefits.
Weatherization and Intergovernmental Programs.—Within avail-
able funds for Training and Technical Assistance, the recommenda-
tion provides $500,000 for technical assistance to continue the Sus-
tainable Wastewater Infrastructure of the Future Accelerator.
Within available funds for the Weatherization Assistance Pro-
gram (WAP), the recommendation provides $3,000,000 to support
community-scale weatherization. The Department is directed to
make these funds available directly to WAP grantees that present
targeted and innovative use of these dollars to model methods for
WAP integration with the various other weatherization programs,
including but not limited to the HOME Investment Partnership
Program, Low-Income Home Energy Assistance Program, and pri-
vate utility supported weatherization funds. The grants shall be
used to weatherize multiple homes as part of an integrated weath-
erization approach or for community groups as they attempt to
take a broader approach to weatherization at mobile home commu-
nities, multi-family units, or in communities that share a common
small-scale alternative energy resource. These community-scale
grants may also test new models for effectively enrolling multiple
individuals across a targeted community or incorporating the
broader health impacts of weatherization as WAP organizations at-
tempt to enroll individuals across a neighborhood or multi-home
approach. The Department is directed to regularly brief the Com-
mittee on progress to implement these community-scale weather-
ization grants.
The Department is directed to provide to the Committee not later
than 90 days after enactment of this Act a briefing relating to on-
going efforts at the Department to collaborate with partners at De-
partment of Health and Human Services, the Department of Hous-
ing and Urban Development, and the Department of Veterans Af-
fairs. Interagency collaboration among federal agencies could be
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particularly helpful for identifying and weatherizing residences
under the various agencies’ weatherization programs. The Depart-
ment is encouraged to work collaboratively with other federal agen-
cies and to outline ways the various weatherization and home as-
sistance programs can better integrate assistance for structurally
deficient but weatherable residences.
The Committee recognizes that WAP is particularly important
for bringing energy efficiency to communities that most need it.
The Committee notes the importance of WAP to directly fund build-
ing retrofits and its important role focusing on equity, including
moderating energy demand and the cost burden faced by low-in-
come communities. The Committee also recognizes the importance
of the State Energy Program’s (SEP) support for a wide range of
state energy initiatives, including energy audits, building retrofits,
and alternative vehicles purchasing. The Committees notes that
SEP also ensures the safety, security, and resilience of the grid in
the face of increasing weather events.
The Committee recognizes the importance of providing federal
funds under the Weatherization and Intergovernmental Program to
states and tribes in a timely manner to avoid any undue delay of
services to eligible low-income households and to encourage local
high-impact energy efficiency and renewable energy initiatives and
energy emergency preparedness. Therefore, the Department is en-
couraged to obligate funds recommended for WAP and SEP to
states, tribes, and other direct grantees not later than 60 days after
enactment of this Act. The Committee is concerned with the reduc-
tion of staff at the Office of Weatherization and Intergovernmental
Programs and directs the Department to achieve staffing levels
that will allow it to provide robust training, technical assistance,
and oversight for WAP and SEP.
In consultation with the Department of Housing and Urban De-
velopment, the Department is encouraged to investigate how the
federal government can act immediately to fund, support, and ex-
pand state and local efforts to decarbonize low- and moderate-in-
come housing through beneficial electrification of heating and cool-
ing, including as part of efforts to conduct healthy, deep energy ret-
rofits in such housing. The Department is further encouraged to
collaborate with the Department of Housing and Urban Develop-
ment to outline potential implementation pathways to achieve
healthy, deep energy retrofits of 10 to 15 million low-income homes,
including in all federally subsidized housing, by 2030, including the
installation of all-electric systems to lower energy bills and elimi-
nate carbon emissions. The Department is directed to provide to
the Committee not later than 90 days after enactment of this Act
a written status update on these activities.
Weatherization Readiness Fund.—The Committee supports the
creation of a new Weatherization Readiness Fund to enable more
low-income households to receive Weatherization Assistance Pro-
gram support by providing funds to address structural and health
and safety issues to reduce the frequency of deferred homes that
are not weatherization ready when WAP work crews enter the
home to perform retrofit services.
Local Government Clean Energy Workforce Program.—The Com-
mittee supports the Local Government Clean Energy Workforce
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Program to provide competitive awards, on-site capacity, peer ex-
changes, and technical assistance to support the development and
deployment of transformative clean energy programs that create
good paying jobs working with qualifying local governments and
tribal nations, with a focus on energy communities and disadvan-
taged or small-to-medium jurisdictions.
The Department is encouraged to consider projects that imple-
ment best practices to advance energy efficiency adoption, building
and vehicle electrification, grid modernization, distributed elec-
tricity generation, and workforce development at the local level.
These activities should include work with and support for organiza-
tions that convene and support municipal governments.
Build Back Better Challenge Grants.—The Committee supports
the proposed Build Back Better Challenge Grants program. The
Department is directed to support novel state-, local-, and Tribal-
level approaches that encourage early action and novel methods for
clean energy deployment, prioritizing investments that meet energy
needs at the local level and are inclusive in elevating impoverished,
disenfranchised, marginalized, or overburdened communities. The
Department is directed to conduct this program on a competitive
basis where entities apply to the Department. Eligible entities
shall include states, local governments, communities, U.S. terri-
tories, and tribes. The Department is directed to provide to the
Committee not later than 30 days after enactment of this Act and
prior to obligation of any funds a briefing on its implementation
plan for the Build Back Better Challenge Grants program.
The Committee recognizes the importance of these investments
to deploy clean energy technologies to help communities address
climate change, criteria air pollutants, and energy resiliency from
climate-related weather events. The Department is encouraged to
consider clean energy microgrids that support critical community
infrastructure, to prioritize projects in environmental justice com-
munities, to require eligible entities to prioritize contracts to imple-
ment grants for minority-owned and operated entities or women-
owned and operated entities, and to require that funded projects
pay wages at rates not less than those prevailing on similar con-
struction, alteration, installation, or repair work in the locality as
determined by the Secretary of Labor in accordance with sub-
chapter IV of chapter 31 of title 40, United States Code.
The Department is encouraged to consider grants to units of local
government to develop building energy efficiency retrofit programs
to conduct energy efficiency audits and purchase energy efficiency
upgrades for residential and commercial properties.
The Department is encouraged to support projects that combine
geothermal technologies with other emissions reduction tech-
nologies, such as solar, buildings, and efficiency technologies.
The Committee believes it is critical that there is access to fund-
ing and support that helps to prevent future electricity disruptions,
including support for local communities. The Department is encour-
aged to provide grants to entities for activities and infrastructure
that ensure the electric grid is safe and secure from events that
may disrupt it, including support for electric grid infrastructure
such as transmission and distribution.
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The Department is encouraged to consider projects that imple-
ment best practices to advance energy efficiency adoption, building
and vehicle electrification, grid modernization, distributed elec-
tricity generation, and workforce development at the local level.
These activities should include work with and support for organiza-
tions that convene and support municipal governments.
The Department is directed to provide to the Committee not later
than 90 days after enactment of this Act a report on how the De-
partment is implementing the Build Back Better Challenge Grants
program.
CORPORATE SUPPORT
Facilities and Infrastructure.—The Committee supports efforts on
the Energy Materials and Processing at Scale facility, Advanced
Research in Integrated Energy Systems, and computing infrastruc-
ture.
Program Direction.—The Committee appreciates the Depart-
ment’s aggressive strategy to ensure that EERE is appropriately
staffed to execute and oversee the funds provided by the Com-
mittee. The Committee expects continued, regular updates on its
progress.
Strategic Programs.—The recommendation provides not less than
$3,000,000 for Technology-to-Market, not less than $10,000,000 for
Strategic Analysis, and not less than $4,500,000 for Communica-
tions and Outreach.
CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY RESPONSE
Appropriation, 2021 ............................................................................ $156,000,000
Budget estimate, 2022 ....................................................................... 201,000,000
Recommended, 2022 ........................................................................... 177,000,000
Comparison:
Appropriation, 2021 ........................................................................ +21,000,000
Budget estimate, 2022 .................................................................... ¥24,000,000
The Cybersecurity, Energy Security, and Emergency Response
program leads the Department’s efforts to secure the nation’s en-
ergy infrastructure against all hazards, reduce the risks of and im-
pacts from cyber events and other disruptive events, and assist
with restoration activities. A reliable and resilient power grid is
critical to the nation’s economic competitiveness and leadership.
Additional direction related to Department-wide crosscutting ini-
tiatives is provided under the heading Crosscutting Initiatives in
the front matter of Department of Energy.
The Department is directed to include an itemization of funding
levels below the control point in future budget submissions.
The nation continues to face global cybersecurity threats from
nations such as Iran, Russia, and North Korea that have launched
documented cyberattacks on the country. Because of their unique
location and geography, island states and territories host a dis-
proportionate amount of our national security and defense forces,
putting island states and territories and the electric grid infra-
structure at risk. Remote island communities also face the added
burden of not being able to integrate with mainland infrastructure
and are excluded from designations and programs such as the De-
fense Critical Electrical Infrastructure, which may otherwise afford
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these communities with additional resources. The Committee en-
courages the Department to work with electric cooperatives, public
utility districts, investor-owned utilities, and municipal utilities
serving island communities to plan and build out needed cybersecu-
rity infrastructure. The Department is directed to submit to the
Committee not later than 180 days after enactment of this Act a
report assessing the current vulnerabilities of island communities
and how the Department can provide resources and technical as-
sistance to mitigate vulnerabilities.
In light of documented cyber targeting of utilities, including by
state actors, the Committee encourages the Department to incor-
porate pilot programs with private sector participants to dem-
onstrate active defense cybersecurity protection.
The Committee is concerned about the substantial and growing
threat from cybersecurity attacks to the electrical grid. The Com-
mittee supports the Department’s efforts to identify and develop
defenses for these new cyber threats, including developing proof of
concept algorithms that can be tested across a full range of attacks
in both testbed and real environments. The recommendation pro-
vides not less than $2,000,000 for digital twin projects to enable es-
sential collaborator participation and their integration into the ef-
fort.
The recommendation provides up to $20,000,000 for the Cyber
Testing for Resilient Industrial Control System (CyTRICS) pro-
gram.
Risk Management Technology and Tools.—The recommendation
provides up to $10,000,000 for consequence-driven cyber-informed
engineering and $4,000,000 for university-based research and de-
velopment of scalable cyber-physical platforms for resilient and se-
cure electric power systems that are flexible, modular, self-healing,
and autonomous. This activity should be conducted in coordination
with the Office of Electricity.
The recommendation provides not less than $5,000,000 to con-
duct a demonstration program of innovative technologies, such as
technologies for monitoring vegetation management, to improve
grid resiliency from wildfires.
The recommendation includes not less than $2,000,000 to con-
tinue the establishment of a network of university-based, regional
energy cybersecurity centers. The centers should address inter-
related research and development challenges of cybersecurity and
critical energy infrastructure and develop a trained, globally com-
petitive workforce. The centers should be distributed regionally
across the country to leverage regional utilities, national labora-
tories, and regulatory bodies and take into account the distinctive
characteristics of each region’s electricity system, network of oil
and gas infrastructure, and workforce expertise. The Department is
directed to coordinate these activities with the Office of Electricity
and the Office of Energy Efficiency and Renewable Energy.
Response and Restoration.—The Committee places a high priority
on ensuring the protection of the electric grid against cyberattacks
and extreme weather events. The Response and Restoration pro-
gram coordinates a national effort to secure the U.S. energy infra-
structure against all hazards, reduce impacts from disruptive
events, and assist industry with restoration efforts. The program
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delivers a range of capabilities including energy sector emergency
response and recovery, including emergency response of a cyber na-
ture; near-real-time situational awareness and information sharing
about the status of the energy systems to improve risk manage-
ment; and analysis of evolving threats and hazards to energy infra-
structure.
Information Sharing, Partnerships, and Exercises.—The Informa-
tion Sharing, Partnerships, and Exercises program supports energy
sector security and resilience through coordination with govern-
ment and industry partners. This program provides technical as-
sistance that incorporates exercises to strengthen federal, regional,
state, tribal, and territorial abilities to work together to prepare for
and mitigate the effects of an energy sector emergency and focuses
on training the next generation workforce on energy sector risks.
ELECTRICITY
Appropriation, 2021 ............................................................................ $211,720,000
Budget estimate, 2022 ....................................................................... 327,000,000
Recommended, 2022 ........................................................................... 267,000,000
Comparison:
Appropriation, 2021 ........................................................................ +55,280,000
Budget estimate, 2022 .................................................................... ¥60,000,000
The Office of Electricity advances technologies and provides oper-
ational support to increase the efficiency and technological ad-
vancement of the nation’s electricity delivery system. The power
grid employs aging technologies at a time when power demands
and the deployment of new energy technologies are imposing new
stresses on the system. This program aims to develop a modern
power grid by advancing resilient power distribution systems, intel-
ligent and high-efficiency grid components, and energy storage sys-
tems.
Additional direction related to Department-wide crosscutting ini-
tiatives is provided under the heading Crosscutting Initiatives in
the front matter of Department of Energy.
The Department is directed to include an itemization of funding
levels below the control point in future budget submissions.
Transmission Reliability and Resilience.—The recommendation
provides not less than $1,000,000 for sensors and analytics tech-
nologies.
The fiscal year 2021 Act directed the Department to conduct a
case study on regional, wide-spread deployment of dynamic line
rating technologies to assess the potential benefits and costs. The
Committee is still awaiting this case study and directs the Depart-
ment to provide the report not later than 60 days after enactment
of this Act.
The fiscal year 2021 Act directed the Department to provide a re-
port on ways to maximize utilization of the existing electricity de-
livery system by enabling dynamic line ratings, dynamically con-
trolling the flow of electricity, and optimizing electricity delivery
system topology. The Committee is still awaiting this report and di-
rects the Department to provide the report not later than 30 days
after enactment of this Act.
The fiscal year 2021 Act directed the Department to provide a re-
port summarizing the results of a 12-month non-contact sensor
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monitory study. The Committee is still awaiting this report and di-
rects the Department to provide the report not later than 30 days
after enactment of this Act.
Energy Delivery Grid Operations Technology.—The recommenda-
tion provides up to $10,000,000 for the DarkNet project.
Resilient Distribution Systems.—The recommendation provides
up to $10,000,000 for the COMMANDER (Coordinated Manage-
ment of Microgrids and Networked Distributed Energy Resources)
National Test Bed to establish a data link for a back-up operations
center that can benefit utility companies across the country and
support the North American Energy Resilience Model.
Within available funds, the Committee directs the Department to
continue efforts to support the integration of sensors into the na-
tion’s electric distribution systems, fundamental research and field
validation of microgrid controllers and systems, and transactive en-
ergy concepts, including studies and evaluations of energy usage
behavior in response to price signals. The Committee places a high
priority on addressing the challenges facing the electric power grid
by developing the innovative technologies, tools, and techniques to
modernize the distribution portion of the electricity delivery sys-
tem. Resilient Distribution Systems pursues strategic investments
to improve reliability, resilience, outage recovery, and operational
efficiency, building upon previous and ongoing grid modernization
efforts. In addition to emerging fuel technologies for distributed
grids, the Committee recommends that currently available distrib-
uted fuels, such as propane fueled microgrids, be evaluated.
Public, open-source decentralized technologies like blockchain in
combination with digital identities are positioned to enable innova-
tion for advanced digital solutions that solve various market pain
points associated with the registration, scheduling, dispatch/activa-
tion, measurement/verification, and financial settlement of energy
customers and their devices. These digital solutions may help grid
operators, electric utilities, and energy companies and their cus-
tomers to capture the full potential of investments in grid mod-
ernization. The Committee directs the Department to coordinate re-
search about the opportunity and needs for new digital solutions
built with public, open-source decentralized technologies to support
electric grid modernization efforts.
The recommendation provides not less than $15,000,000 for dem-
onstration projects with the Grid Sensors and Sensor Analytics pro-
gram. The demonstration activities may focus on utilizing data
from advanced sensors that are deployed on existing transmission
and distribution lines to predict or detect vegetation contact to
mitigate wildfires and wildfire impacts. Further, the demonstration
activities may focus on measuring the condition of utility poles in
terms of their position, impacts, the presence of high temperatures,
and measuring the condition of conductors at the attachment
points to utility poles in terms of their position and impacts. Data
from the sensors should be utilized to provide useful and imme-
diate analytics to improve the safety of the general public and im-
prove electrical distribution network performance indices. The dem-
onstration activities may also include post-weather or fire event as-
sessments on what assets have been compromised and need re-
placement.
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Energy Storage.—The recommendation provides not less than
$10,000,000 for a competitive pilot demonstration grant program,
as authorized in section 3201 of the Energy Act of 2020, for energy
storage projects that are wholly U.S.-made, sourced, and supplied.
The Department is directed to include large scale commercial de-
velopment and deployment of long cycle life, lithium-grid scale bat-
teries and their components.
The Committee continues to support at least one pilot energy
storage project that demonstrates business model innovation tar-
geted at cost-effective deployment through aggregation in rural
electric cooperatives and municipal utilities. The Department is en-
couraged to focus on reducing the soft costs of novel project design
and optimization and developing legal and power purchase model
agreements that can be replicated in cooperatives elsewhere in the
nation, reducing future costs for deployment of energy storage
projects. As a part of this pilot, the Committee recommends fund-
ing of at least one project for demonstration through the deploy-
ment and optimization of on-grid storage assets.
Cyber R&D.—The recommendation provides up to $5,000,000 for
university-based research and development of scalable cyber-phys-
ical platforms for resilient and secure electric power systems that
are flexible, modular, self-healing, and autonomous. This activity
should be conducted in coordination with the Office of Cybersecu-
rity, Energy Security, and Emergency Response.
Transformer Resilience and Advanced Components.—The rec-
ommendation includes up to $5,000,000 for the Grid Research Inte-
gration and Demonstration Center to advance technologies in sup-
port of modernizing the electric delivery system and understanding
the nation’s electricity infrastructure using real-time data.
The recommendation provides up to $2,000,000 to further assess
composite utility poles in controlled and field tests. The fiscal year
2021 Act directed the Department to submit to the Committee a re-
port that assesses the performance of composite poles. The Com-
mittee is still awaiting this report and directs the Department to
provide the report not later than 90 days after enactment of this
Act.
NUCLEAR ENERGY
Appropriation, 2021 ............................................................................ $1,507,600,000
Budget estimate, 2022 ....................................................................... 1,850,500,000
Recommended, 2022 ........................................................................... 1,675,000,000
Comparison:
Appropriation, 2021 ........................................................................ +167,400,000
Budget estimate, 2022 .................................................................... ¥175,500,000
Nuclear power generates approximately one-fifth of the nation’s
electricity and continues to be an important zero carbon-emissions
energy source. The Department of Energy’s Nuclear Energy (NE)
program invests in research, development, and demonstration ac-
tivities that develop the next generation of clean and safe reactors,
further improve the safety and economic viability of our current re-
actor fleet and contribute to the nation’s long-term leadership in
the global nuclear power industry.
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Additional direction related to Department-wide crosscutting ini-
tiatives is provided under the heading Crosscutting Initiatives in
the front matter of Department of Energy.
Advanced nuclear technologies hold potential for reliable, safe,
emission-free energy. The Department is encouraged to prioritize
funds on activities related to advancing the goal to demonstrate
private-sector advanced reactor designs and fuel types by the late
2020s.
Nuclear Energy University Program (NEUP).—Since 2009, the
Department has allocated up to 20 percent of funds appropriated
to certain Nuclear Energy Research and Development programs to
fund university-led R&D and university infrastructure projects
through an open, competitive solicitation process using formally
certified peer reviewers. The Department is directed to continue
this practice, including determining which programs are appro-
priate consistent with previous years, with not less than
$40,000,000 for R&D activities performed at U.S. colleges and uni-
versities. The Department is directed to provide to the Committee
not later than 180 days after enactment of this Act a briefing on
progress in addressing concerns and implementing improvements
recommended by the Nuclear Engineering Department Heads Or-
ganization. The Department is directed to provide to the Com-
mittee quarterly briefings on the status of NEUP and the univer-
sity work being funded.
Integrated University Program.—The Committee is alarmed by
the statistics highlighting the severe shortage of highly trained nu-
clear specialists and the lack of academic programs to train and
prepare individuals for work in the nuclear sector. The rec-
ommendation includes $6,000,000 to continue the Integrated Uni-
versity Program, which is critical to ensuring the nation’s nuclear
science and engineering workforce in future years.
Thorium Molten-Salt Reactor Program.—The Committee is
aware of both interest in and concerns with thorium molten-salt re-
actors (TMSR). The Department is directed to provide to the Com-
mittee not later than 90 days after enactment of this Act a report
indicating whether the Department is working with any other na-
tions to develop TMSR programs. The report should also include
suggestions and considerations for Congress regarding the develop-
ment of a domestic TMSR program, including the potential benefits
and challenges of the technology, necessary infrastructure invest-
ments, fuel cycle considerations, proliferation issues, and the poten-
tial for using the federal U–233 supply and any resulting impacts
to cleanup milestones or costs of cleanup or security activities re-
lated to the supply.
NUCLEAR ENERGY ENABLING TECHNOLOGIES
Crosscutting Technology Development.—The recommendation in-
cludes $5,000,000 to support and expand research collaborations,
which may include a consortium, between research universities and
national laboratories utilizing existing capabilities and infrastruc-
ture focused on the benefits, as well as vulnerabilities of digital in-
strumentation for existing and future nuclear reactors, including
the use of new approaches, such as predictive analytics, machine
learning, and artificial intelligence, to improve reactor safety and
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performance and address cybersecurity issues. The recommenda-
tion includes not less than $5,000,000 to continue activities related
to materials development, including through public-private part-
nerships, to develop new materials the nuclear industry will need
in the future. The recommendation provides $10,000,000 for inte-
grated energy systems and $5,000,000 to support the Gateway for
Accelerated Innovation in Nuclear (GAIN) program.
Nuclear Science User Facilities.—The recommendation includes
not less than $10,000,000 for computational support and
$3,000,000 for Nuclear Materials Discovery and Qualification.
Transformational Challenge Reactor.—The Transformational
Challenge Reactor (TCR) program provided a platform to help dem-
onstrate the ability to reduce the deployment costs and timelines
for nuclear energy systems and enhanced the development of tech-
nologies that provided the ability to manufacture small and micro
advanced reactor components using additive manufacturing tech-
niques. Acknowledging the tremendous recent advances that have
been made in microreactor research and development, the TCR ef-
fort ended in fiscal year 2021. The Department is directed to sup-
port crosscutting research initiated under TCR through the Cross-
cutting Technology Development program.
FUEL CYCLE RESEARCH AND DEVELOPMENT
To support availability of high-assay low-enriched uranium
(HALEU) and other advanced nuclear fuels, consistent with section
2001 of the Energy Act of 2020, the recommendation includes
$50,000,000, including $2,000,000 for Mining, Shipping, and Trans-
portation; $33,000,000 for Advanced Nuclear Fuel Availability; and
not less than $15,000,000 within Material Recovery and Waste
Form Development.
Advanced Nuclear Fuel Availability.—The Committee supports
establishment of an Advanced Nuclear Fuel Availability program to
make available small quantities of HALEU in the short term and
supports the transition of these activities to the private sector for
commercial HALEU production and domestic supply chain capabili-
ties for the long term. The Department is directed to conduct these
activities in a manner that will encourage, rather than discourage,
the private sector commercialization of HALEU production. The fis-
cal year 2020 Act directed the Department to provide an evaluation
on the anticipated demand for HALEU, the timing of that demand,
and options for meeting that demand. The Committee is still await-
ing this report. Section 2001(b)(2) of the Energy Act of 2020 re-
quires the Department to submit to Congress a report on a pro-
gram to support the availability of HALEU for civilian domestic
demonstration and commercial use. The Department is directed to
submit these reports to the Committee not later than 30 days after
enactment of this Act and not less than 60 days prior to the obliga-
tion of more than 75 percent of these funds. The Department is di-
rected to disburse these funds on a competitive basis.
The Department is directed to provide to the Committee not later
than 30 days after enactment of this Act the Alternate Fuels Re-
port required by section 2001(b)(3) of the Energy Act of 2020.
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Material Recovery and Waste Form Development.—The rec-
ommendation provides not less than $15,000,000 for EBR II Proc-
essing for HALEU.
Accident Tolerant Fuels.—The Committee continues to place a
high priority on this program and urges the Department to main-
tain focus and priority on achieving results in these efforts. The
recommendation provides not less than $10,000,000 for further de-
velopment of silicon carbide ceramic matrix composite fuel cladding
for light water reactors. The Department is directed to provide to
the Committee not later than 60 days after enactment of this Act
a table summarizing the allocation of fiscal year 2022 funds.
Used Nuclear Fuel Disposition R&D.—The recommendation pro-
vides $5,000,000 for advanced reactor used fuel disposition to ad-
dress used fuel from TRISO-fueled and metal-fueled advanced reac-
tors, with specific focus on near-term implementation challenges
such as used fuel packaging at potential advanced reactor sites.
Integrated Waste Management System.—The Department is di-
rected to continue site preparation activities at stranded sites, to
evaluate the re-initiation of regional transport, and undertake
transportation coordination efforts.
REACTOR CONCEPTS RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Advanced Small Modular Reactor RD&D.—The recommendation
provides $145,000,000 for ongoing demonstration activities.
Light Water Reactor Sustainability.—The recommendation pro-
vides not less than $10,000,000 to support new or previously
awarded hydrogen demonstration projects.
Advanced Reactor Technologies.—The recommendation provides
not less than $15,000,000 for Advanced Reactor Concepts Industry
Awards and $25,000,000 for MW-scale reactor research and devel-
opment, including $9,000,000 for MARVEL. The Department is en-
couraged to move expeditiously on the solicitation and award of
these funds and to streamline its procurement process to ensure
implementation is not delayed.
The recommendation provides up to $5,000,000 for the research
and development of advanced isotope separation process for Molten
Salt Reactors (MSRs) to ensure the ongoing development of the iso-
tope separation process needed to provide required materials for in-
herently safe, Generation IV MSRs, as well as a domestic source
of lithium isotopes for nuclear reactors.
ADVANCED REACTORS DEMONSTRATION PROGRAM
The Committee notes the importance of the deployment of ad-
vanced reactors to the nation’s ability to regain its leadership in
nuclear energy and the contribution of nuclear energy to meeting
climate goals. The Committee is encouraged by the Department’s
pace of activities in establishing the Advanced Reactors Dem-
onstration Program (ARDP). This program will help facilitate the
accelerated development and deployment of advanced reactors. The
Department is directed to continue to ensure the program moves
forward expeditiously. The Department is directed to continue to
focus resources on partners capable of project delivery in the next
five to seven years. The Committee encourages the Department to
consider including the Milestone-Based Demonstration Projects ap-
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proach as authorized in section 9005 of the Energy Act of 2020 for
existing ARDP awards.
National Reactor Innovation Center.—The recommendation pro-
vides up to $48,000,000 for capital design and construction activi-
ties for demonstration reactor test bed preparation at Idaho Na-
tional Laboratory supporting reactor demonstration activities. The
Department shall submit a Construction Project Data Sheet for
each such applicable project that is expected to exceed the minor
construction threshold.
INFRASTRUCTURE
ORNL Nuclear Facilities Operations and Maintenance.—The rec-
ommendation provides $20,000,000 for ORNL Nuclear Facilities
Operations and Maintenance for the continued safe operations and
maintenance of the Oak Ridge National Laboratory hot cells.
INL Facilities Operations and Maintenance.—The recommenda-
tion provides $290,000,000 for INL Facilities Operations and Main-
tenance to support the reliability and sustainability of the Mate-
rials and Fuels Complex (MFC) and the Advanced Test Reactor
(ATR).
Idaho Sitewide Safeguard and Security.—The recommendation
provides $149,800,000 for Idaho Sitewide Safeguards and Security.
FOSSIL ENERGY AND CARBON MANAGEMENT
Appropriation, 2021 .......................................................................... $750,000,000
Budget estimate, 2022 ...................................................................... 890,000,000
Recommended, 2022 .......................................................................... 820,000,000
Comparison:
Appropriation, 2021 ........................................................................ +70,000,000
Budget estimate, 2022 .................................................................... ¥70,000,000
The Fossil Energy and Carbon Management advances carbon re-
duction and mitigation in sectors and applications that are difficult
to decarbonize, including the industrial sector, with technologies
and methods such as carbon capture and storage, hydrogen, and di-
rect air capture, while assisting in facilitating the transition to-
ward a net-zero carbon economy and rebuilding a U.S. critical min-
erals supply chain.
The Committee supports the budget request, which refocuses
funding from traditional fossil combustion-centric activities to cli-
mate-centric activities.
Additional direction related to Department-wide crosscutting ini-
tiatives is provided under the heading Crosscutting Initiatives in
the front matter of Department of Energy.
Consistent with direction provided in previous fiscal years, the
Committee does not support the closure of any National Energy
Technology Laboratory (NETL) site and provides no funds to plan,
develop, implement, or pursue the consolidation or closure of any
of the NETL sites.
The recommendation includes not less than $5,000,000 for inte-
grated energy systems. The Committee directs the Department to
continue efforts to support natural gas demand response pilot pro-
grams and expects the Department to proceed with awards expedi-
tiously.
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The recommendation provides $500,000 to support feasibility and
operational planning for large-scale biomass production for the pur-
poses of bioenergy with carbon capture and storage.
Special Recruitment Programs.—The Committee supports the De-
partment’s efforts to offer undergraduate, graduate, and post-grad-
uate students majoring in scientific, technology, engineering, and
mathematics (STEM) disciplines the opportunity to learn about
programs, policies, and research, development, demonstration, and
deployment initiatives within the Office of Fossil Energy and Car-
bon Management.
Solid Oxide Fuel Cell Systems & Hydrogen.—The recommenda-
tion provides not less than $105,000,000 for the research, develop-
ment, and demonstration of solid oxide fuel cell systems and hydro-
gen.
CCUS AND POWER SYSTEMS
Carbon capture, utilization, and storage (CCUS) is a process that
captures carbon dioxide emissions from sources and either reuses
or stores it so it will not enter the atmosphere. The potential for
these technologies is considerable, and the use of these technologies
will decrease the costs for mitigating climate change in addition to
deploying clean energy and energy efficient technologies.
The Department is directed to conduct CCUS activities, including
front-end engineering and design studies, large pilot projects, and
demonstration projects that capture and securely store commercial
volumes of carbon dioxide from fossil energy power plants, indus-
trial facilities, or directly from the air consistent with the objectives
of title IV of the Energy Act of 2020.
The Committee encourages the Department to continue to sup-
port the Clean Energy Research Consortium: Advanced Coal Tech-
nology Consortium program.
The Committee recognizes the benefits of developing carbon cap-
ture technologies across multiple sources and directs the Depart-
ment to invest in a portfolio of carbon capture technologies and ap-
plications. The Committee directs the Department to use its exist-
ing authorities to fund technologies that significantly improve the
efficiency, effectiveness, costs, emissions reductions and environ-
mental performance of carbon dioxide captured from coal, natural
gas, industrial facilities, and other sources to produce fuels and
other valuable products.
In order to mitigate the detrimental effects of climate change and
to meet net-zero goals, it is necessary to accelerate the use of meth-
ods for carbon removal and storage, including the use and manage-
ment of natural systems to sequester carbon and to store it perma-
nently underground via mineralization processes. The Department
is directed to establish a program to support research and develop-
ment of novel, proof-of-principle carbon containment projects with
the goal of finding and de-risking methods and locations to remove
atmospheric carbon dioxide that are effective, safe, low cost, and
scalable. The recommendation provides up to $50,000,000 to sup-
port work at multiple sites, including within significant basalt for-
mations, to pursue research, development, and deployment of car-
bon containment technologies and proximate carbon dioxide cap-
turing systems that also meet regional economic and ecological res-
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toration policy goals such as catastrophic wildfire mitigation and
job creation.
The fiscal year 2020 Act directed the Department to provide a re-
port and briefing on the recommendations for program structures
that could best support and maximize the impact of expanded re-
search, development, and demonstration efforts in three areas:
decarbonization of the industrial sector, direct air capture, and car-
bon utilization. The Committee is still awaiting this report and
briefing and directs the Department to provide the report and
briefing to the Committee not later than 15 days after enactment
of this Act.
The Department is encouraged to develop educational partner-
ships, including at Hispanic Serving Institutions and other Minor-
ity Serving Institutions, focused on carbon capture and storage,
methane capture and storage, and emission mitigation tech-
nologies. The fiscal year 2021 Act directed the Department to pro-
vide a report detailing possible education partnerships in these
areas. The Committee is still awaiting this report and directs the
Department to provide the report to the Committee not later than
30 days after enactment of this Act.
The Committee is supportive of the Department’s research to de-
velop advanced sorbent materials to optimize direct air carbon cap-
ture and integrate the use of captured carbon as feedstock in high
pH algal cultivation to maximize the production of biofuels and bio-
products.
As industrial deployment of CCUS technology expands, the de-
mand for the transportation of captured carbon oxides is antici-
pated to increase significantly. In preparation to meet this demand,
the Department, in collaboration with the Department of Transpor-
tation, is directed to review existing freight transportation infra-
structure and the capacity of the various modes of freight transpor-
tation to provide cost-effective service. The Department is directed
to provide to the Committee not later than 180 days after enact-
ment of this Act a report of the findings of the review. This report
should ensure that anticipated short- and long-term freight trans-
portation demand associated with the expanded industrial deploy-
ment of CCUS technology is met. Additionally, the report should
include analysis of locations where CCUS projects are likely to be
located and where carbon sequestration or utilization is likely to
occur and the unique aspects of those areas for freight transpor-
tation infrastructure. Finally, in conducting this review, the De-
partment shall consult with stakeholders, including representatives
from the various modes of freight transportation.
Carbon Capture.—The Committee encourages the Department to
focus its efforts on improving the efficiency and decreasing the
costs of carbon capture technologies, demonstrating carbon capture
technologies, and identifying how these technologies can be inte-
grated with business models and operations.
The recommendation provides up to $50,000,000 to support front-
end engineering and design studies, including for the development
of a first-of-its-kind carbon capture project at an existing natural
gas combined cycle plant. The Department is encouraged to
prioritize entities that are primarily engaged in the generation of
electricity from natural gas in competitive power markets.
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The recommendation provides not less than $10,000,000 for re-
search and optimization of carbon capture technologies at indus-
trial facilities and not less than $12,000,000 for research and opti-
mization of carbon capture technologies for natural gas power sys-
tems.
The Department is directed to increase CCUS public-private
partnerships and natural gas-based carbon capture research pro-
gram opportunities at Hispanic Serving Institutions and other Mi-
nority Serving Institutions. The Committee strongly encourages the
Department to prioritize funding to institutions successfully em-
ploying carbon capture technology within natural gas power plants.
The Department is directed to provide to the Committee not later
than 180 days after enactment of this Act a report on these efforts.
The recommendation provides up to $10,000,000 to assist com-
munities in the design and construction of pilot-scale equipment
and systems necessary to demonstrate carbon capture, utilization,
and storage at waste to energy plants.
Within available funds, the Department is directed to support re-
search, development, and demonstration activities of technology for
carbon capture chemical looping and hydrogen production. Chem-
ical looping is a next-generation carbon capture and hydrogen pro-
duction technology being pursued by a number of companies and
universities around the world. This technology offers several ad-
vantages over earlier carbon capture technologies such as post-com-
bustion amine scrubbing and oxy-fuel combustion, including: appli-
cability to a wide range of fuels used in both power and industrial
plants, including coal, pet coke, natural gas/methane, biomass and
any syngas; significantly reduced levelized cost of electricity com-
pared to other CCUS technologies; and a wide range of uses as a
platform technology, including both carbon capture for clean, zero
emission power generation and hydrogen production.
Carbon Dioxide Removal.—Carbon dioxide removal will be an im-
portant tool to achieve net-zero emissions economy-wide by 2050,
and the Committee supports the Department’s continued efforts fo-
cused on carbon dioxide removal technologies. Within available
funds, the recommendation provides $5,000,000 for a competitive
solicitation for a study of the development of a direct air capture
facility co-located with a geothermal energy resource. The Depart-
ment is encouraged to give priority to entities that are engaged in
the generation of electricity from geothermal resources in competi-
tive power markets, and the Department is directed to coordinate
this activity with the Geothermal Technologies Office.
Carbon Utilization.—The recommendation supports carbon utili-
zation for research, development, and demonstration activities to
advance valuable and innovative uses of captured carbon, including
biological utilization by the conversion of carbon dioxide to higher-
value products such as chemicals, plastics, building materials, cur-
ing for cement, and the integration of carbon utilization tech-
nologies with fossil fuel power plants, such as biological conversion
systems. Within available funds, the recommendation provides up
to $10,000,000 for research and development of carbon utilization
using algal systems.
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Carbon Storage.—Within available funds, the recommendation
provides not less than $30,000,000 for CarbonSAFE and not less
than $20,000,000 for the Regional Initiatives.
The Department is encouraged to recognize the importance of ex-
panding regional geological characterization, collecting and ana-
lyzing data, and addressing regional monitoring, permitting, and
policy challenges, as well as the value of this work in supporting
broadscale commercial deployment efforts, including the assurance
of environmental integrity in storage projects. Further, the Depart-
ment is encouraged to facilitate development and deployment of
monitoring technologies at carbon capture utilization and storage
projects with considerable progress toward commercial implementa-
tion. The Department is encouraged to give attention to tech-
nologies that promise near real-time results or employ big data,
machine learning, and artificial intelligence to better address
issues such as leak detection, monetization of credits, and permit
compliance.
Advanced Energy and Hydrogen Systems.—The recommendation
provides not less than $30,000,000 for Advanced Turbines to carry
out research, development, and technology demonstration to im-
prove the efficiency of gas turbines used in power generation sys-
tems, aviation, and other applications. The Committee encourages
the Department to give priority to promising turbine technologies
developed under Phase I awards from previous years. The Depart-
ment is encouraged to support research and development activities
for lithographic molding processes.
The recommendation provides up to $50,000,000 for materials re-
search and development. The Department is encouraged to support
the Advanced Ultrasupercritical Program to fabricate, qualify, and
develop domestic suppliers capable of producing components from
high temperature materials. Further, the Department is encour-
aged to support the Extreme Environments Materials Multi-Lab-
oratory Consortium and the development of advanced ceramics
under the Materials that Withstand Harsh Environments and Ex-
tend Service Lifetimes. The Department is directed to support the
development of ceramic matrix composite (CMC) materials in ac-
cordance with the CMC Manufacturing Roadmap and section 4005
of the Energy Act of 2020.
Minerals Sustainability.—The Mineral Sustainability subpro-
gram will support domestic supply chain networks required for the
economically, environmentally, and geopolitical sustainable produc-
tion of critical minerals.
Within available funds, the recommendation provides not less
than $23,000,000 for research and development activities, as au-
thorized by section 7001 of the Energy Act of 2020, to develop ad-
vanced separation technologies for the extraction and recovery of
rare earth elements and other critical materials from coal and coal
byproducts, as well as mitigate any potential environmental and
public health impacts of such activities.
Supercritical Transformational Electric Power (STEP) Genera-
tion.—Within available funds, the Committee supports efforts, con-
sistent with the original scope of work, to complete the necessary
design and construction of the 10–MW pilot and to conduct the nec-
essary testing for the facility. The Committee remains concerned
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about repeated cost overruns for the project, and the Department
is directed to brief the Committee prior to any change to scope or
cost profile of the project. The recommendation provides additional
funds for competitively awarded research and development activi-
ties, coordinated with the Offices of Nuclear Energy and Energy Ef-
ficiency and Renewable Energy, to advance the use of supercritical
power cycles.
NATURAL GAS TECHNOLOGIES
The recommendation provides not less than $26,000,000 for
Emissions Mitigation from Midstream Infrastructure and not less
than $13,000,000 for Emissions Quantification from Natural Gas
Infrastructure. Within available funds, the recommendation sup-
ports activities to develop and demonstrate an integrated methane
monitoring platform to enable early detection of leaks at natural
gas production sites, which may include autonomous, real-time,
low-cost optical methane sensors and imagers on unmanned aerial
systems, integration of carbon emissions data from geospatial sat-
ellites, and new multidimensional data modeling and predictive ca-
pabilities using machine learning tools.
The Department is encouraged to explore technologies, including
in coordination with public-private partnerships, that curtail meth-
ane gas emissions from flaring and venting in shale formations.
The fiscal year 2020 Act directed the Department to provide a re-
port on these activities. The Committee is still awaiting this report
and directs the Department to provide the report not later than 15
days after enactment of this Act.
Environmentally Prudent Development.—The recommendation
provides not less than $5,000,000 for research and development
aimed to reduce the environmental impact of produced water and
opportunities to reprocess produced water at natural gas or oil de-
velopment sites. The Department is encouraged to support research
and technology development to develop natural resources in the
most environmentally friendly way possible, including technologies
that can minimize the environmental impact of resource recovery
such as reduced surface footprints, water resource demand, and fu-
gitive methane emissions. The Committee encourages the Depart-
ment to consider the Field Test Sites in conducting this work.
The recommendation provides up to $5,200,000 for the Risk
Based Data Management System. The fiscal year 2021 Act directed
the Department to provide a plan on how to fully transition the
functionality and responsibility of the Risk Based Data Manage-
ment System to states. The Committee is still awaiting this report
and directs the Department to provide the report not later than 30
days after enactment of this Act.
The Department is encouraged to support university research
and field investigations in the Gulf of Mexico to confirm the nature,
regional context, environmental impacts, and hydrocarbon system
behavior of gas hydrate deposits.
The Committee acknowledges the Department’s investment in re-
search and development on unconventional fossil energy tech-
nologies, including for field laboratories. The fiscal year 2021 Act
directed the Department to submit to the Committee a report as-
sessing the potential of using solid propellant fuel to generate gas,
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which will drive hydraulic systems to shut off unwanted flows or
blow outs of oil or gas from onshore or offshore wells. The Com-
mittee is still awaiting this report and directs the Department to
provide the report not later than 30 days after enactment of this
Act.
Within existing funds, the Department is encouraged to coordi-
nate with other agencies and states to maximize the benefits and
minimize the environmental impacts of U.S. unconventional nat-
ural gas liquids production.
Natural Gas Hydrogen Research.—The recommendation provides
not less than $20,000,000 for natural gas utilization, hydrogen, sus-
tainable fuels, and chemicals. The Department is encouraged to
support research and development to effectively utilize natural gas
for decarbonization solutions, including activities focused on nat-
ural gas conversion to low-carbon chemicals and derivatives, such
as ammonia and hydrogen, and comprehensive planning of the in-
frastructure required to store and transport them.
The fiscal year 2021 Act directed the Department to develop a re-
search plan for natural gas utilization for purposes in addition to
power generation and direct use applications. The Committee is
still awaiting this report and directs the Department to provide the
report to the Committee not later than 30 days after enactment of
this Act. The Department is directed to provide to the Committee
not less than 90 days after enactment of this Act a briefing on how
technologies included in the research plan for natural gas utiliza-
tion can transition from lower-carbon technologies to carbon-neu-
tral or carbon-negative technologies.
NETL INFRASTRUCTURE
Within available funds for NETL Infrastructure, the Department
is directed to prioritize funds for Joule, site-wide upgrades for safe-
ty, and addressing and avoiding deferred maintenance.
NAVAL PETROLEUM AND OIL SHALE RESERVES
Appropriation, 2021 .......................................................................... $13,006,000
Budget estimate, 2022 ...................................................................... 13,650,000
Recommended, 2022 .......................................................................... 13,650,000
Comparison:
Appropriation, 2021 ........................................................................ +644,000
Budget estimate, 2022 .................................................................... –––
The Naval Petroleum and Oil Shale Reserves no longer serve the
national defense purpose envisioned in the early 1900’s, and con-
sequently the National Defense Authorization Act for fiscal year
1996 required the sale of the government’s interest in the Naval
Petroleum Reserve 1 (NPR-1). To comply with this requirement,
the Elk Hills field in California was sold to Occidental Petroleum
Corporation in 1998. Following the sale of Elk Hills, the transfer
of the oil shale reserves, and transfer of administrative jurisdiction
and environmental remediation of the Naval Petroleum Reserve 2
(NPR-2) to the Department of the Interior, the Department re-
tained one Naval Petroleum Reserve property, the Naval Petroleum
Reserve 3 (NPR-3) in Wyoming (Teapot Dome field). The Depart-
ment issued a disposition plan for NPR-3 in June 2013 and began
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implementation of the plan in fiscal year 2014. Transfer of NPR-
3 to a new owner occurred in fiscal year 2015.
The Committee supports the Department’s proposal for the Office
of Cybersecurity, Energy Security, and Emergency Response to
manage activities of the Naval Petroleum and Oil Shale Reserves.
STRATEGIC PETROLEUM RESERVE
Appropriation, 2021 .......................................................................... $188,000,000
Budget estimate, 2022 ...................................................................... 197,000,000
Recommended, 2022 .......................................................................... 197,000,000
Comparison:
Appropriation, 2021 ........................................................................ +9,000,000
Budget estimate, 2022 .................................................................... –––
The mission of the Strategic Petroleum Reserve is to store petro-
leum to reduce the adverse economic impact of a major petroleum
supply interruption to the United States and to carry out obliga-
tions under the international energy program.
The Committee directs the Department to maintain the North-
east Gasoline Supply Reserve.
The Committee supports the Department’s proposal for the Office
of Cybersecurity, Energy Security, and Emergency Response to
manage the Strategic Petroleum Reserve.
No funding is requested for the establishment of a new regional
petroleum product reserve, and no funding is provided for this pur-
pose. Further, the Department may not establish any new regional
petroleum product reserves unless funding for such a proposed re-
gional petroleum product reserve is explicitly requested in advance
in an annual budget request and approved by Congress in an ap-
propriations Act.
The Committee notes that regional supply disruptions of petro-
leum products were examined in the first installment of the Quad-
rennial Energy Review. If the Department further examines issues
related to potential regional shortages of petroleum products, the
Department is encouraged to explore options for expanded salt cav-
ern storage of petroleum products, including in the western United
States.
SPR PETROLEUM ACCOUNT
Appropriation, 2021 .......................................................................... $1,000,000
Budget estimate, 2022 ...................................................................... 7,350,000
Recommended, 2022 .......................................................................... 7,350,000
Comparison:
Appropriation, 2021 ........................................................................ +6,350,000
Budget estimate, 2022 .................................................................... –––
The SPR Petroleum Account funds Strategic Petroleum Reserve
acquisition, transportation, and drawdown activities.
The Committee supports the Department’s proposal for the Office
of Cybersecurity, Energy Security, and Emergency Response to
manage the Strategic Petroleum Reserve.
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NORTHEAST HOME HEATING OIL RESERVE
Appropriation, 2021 ............................................................................ $6,500,000
Budget estimate, 2022 ....................................................................... –––
Recommended, 2022 ........................................................................... 6,500,000
Comparison:
Appropriation, 2021 ........................................................................ –––
Budget estimate, 2022 .................................................................... +6,500,000
The acquisition and storage of heating oil for the Northeast
began in August 2000 when the Department of Energy, through
the Strategic Petroleum Reserve account, awarded contracts for the
lease of commercial storage facilities and acquisition of heating oil.
The purpose of the reserve is to assure home heating oil supplies
for the Northeastern States during times of very low inventories
and significant threats to the immediate supply of heating oil. The
Northeast Home Heating Oil Reserve was established as a separate
entity from the Strategic Petroleum Reserve on March 6, 2001.
The Committee supports the Department’s proposal for the Office
of Cybersecurity, Energy Security, and Emergency Response to
manage the Northeast Home Heating Oil Reserve.
ENERGY INFORMATION ADMINISTRATION
Appropriation, 2021 ............................................................................ $126,800,000
Budget estimate, 2022 ....................................................................... 126,800,000
Recommended, 2022 ........................................................................... 129,087,000
Comparison:
Appropriation, 2021 ........................................................................ +2,287,000
Budget estimate, 2022 .................................................................... +2,287,000
The Energy Information Administration is a quasi-independent
agency within the Department of Energy established to provide
timely, objective, and accurate energy-related information to the
Congress, the executive branch, state governments, industry, and
the public.
The Committee encourages the Department to continue impor-
tant data collection, analysis, and reporting activities on energy use
and consumption, including the Commercial Buildings Energy Con-
sumption Survey and the Residential Buildings Energy Consump-
tion Survey.
The fiscal year 2021 Act directed the Department to provide a re-
port on how the Energy Information Administration can supply in-
creased data regarding the electricity consumption and emissions
for retail electricity suppliers, and for cities, within city limits,
served by an electric utility. The Committee is still awaiting this
report and directs the Department to provide the report not later
than 30 days after enactment of this Act.
NON-DEFENSE ENVIRONMENTAL CLEANUP
Appropriation, 2021 ............................................................................ $319,200,000
Budget estimate, 2022 ....................................................................... 338,860,000
Recommended, 2022 ........................................................................... 333,863,000
Comparison:
Appropriation, 2021 ........................................................................ +14,663,000
Budget estimate, 2022 .................................................................... ¥4,997,000
Non-Defense Environmental Cleanup includes funds to manage
and remediate sites used for civilian, energy research, and non-de-
fense related activities. These past activities resulted in radio-
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active, hazardous, and mixed waste contamination that requires re-
mediation, stabilization, or some other action.
Small Sites.—The Committee provides $124,340,000 for small
sites, of which $21,340,000 is for the Energy Technology Engineer-
ing Center (ETEC), $11,000,000 is for Idaho National Laboratory,
$5,000,000 is for Lawrence Berkeley National Laboratory, and
$67,000,000 is for Moab.
ETEC.—The Committee is pleased with the progress of building
demolition, including the recent agreement between the Depart-
ment and the State of California to demolish the remaining build-
ings on site. The Committee remains concerned about the pace of
soil and water remediation and acknowledges the need for compli-
ance with the 2007 Consent Order and 2010 Administrative Order
on Consent. The Committee expects the Department of Energy to
prioritize the expenditure of funds needed to timely initiate and
complete the required demolition of buildings in Area IV of the site
and the cleanup of soil and water resources. The Committee en-
courages the Department to continue working with the State of
California on cleanup of the Site. The Department is directed to
continue to act in accordance with applicable laws, orders, regula-
tions, and agreements with the state of California.
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING
FUND
Appropriation, 2021 ............................................................................ $841,000,000
Budget estimate, 2022 ....................................................................... 831,340,000
Recommended, 2022 ........................................................................... 831,340,000
Comparison:
Appropriation, 2021 ........................................................................ ¥9,660,000
Budget estimate, 2022 .................................................................... –––
The Uranium Enrichment Decontamination and Decommis-
sioning Fund was established by the Energy Policy Act of 1992 to
fund the cleanup of gaseous diffusion plants at Portsmouth, Ohio;
Paducah, Kentucky; and the East Tennessee Technology Park in
Oak Ridge, Tennessee.
Portsmouth Site.—The recommendation for Community and Reg-
ulatory Support includes $500,000 above the budget request for the
Department to establish a community liaison and to provide tech-
nical and regulatory assistance to the local community and sur-
rounding counties. The Department is directed to continue its air
and ground water monitoring efforts and increase the frequency of
reporting results in a transparent manner. The Department is di-
rected to develop a comprehensive land use plan in conjunction
with the surrounding counties that establishes a vision and coordi-
nated objectives for the long-term use of the Portsmouth Site.
The Committee understands that a third-party effort is under-
way to collect environmental samples in the area. When the sam-
pling effort is complete, the Department is directed to consult with
the Agency for Toxic Substances and Disease Registry (ATSDR)
and provide to the Committee a briefing on the results. In the
event that it is determined that updating the 1996 public health
assessment is warranted, the Department is further directed to co-
ordinate planning with the ATSDR, including an evaluation from
ATSDR of whether an epidemiological study or comprehensive re-
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view of cancer rates in Pike and surrounding counties is war-
ranted.
SCIENCE
Appropriation, 2021 ............................................................................ $7,026,000,000
Budget estimate, 2022 ....................................................................... 7,440,000,000
Recommended, 2022 ........................................................................... 7,320,000,000
Comparison:
Appropriation, 2021 ........................................................................ +294,000,000
Budget estimate, 2022 .................................................................... ¥120,000,000
The Office of Science funds basic science research across national
laboratories, universities, and other research institutions in sup-
port of American innovation and the Department’s energy-focused
missions. Through research in physics, biology, chemistry, and
other science disciplines, these activities expand scientific under-
standing and secure the nation’s leadership in energy innovation.
This basic science research is crucial to enabling the nation to con-
tinue developing transformational energy technologies and to posi-
tion itself to seize economic opportunities in the global energy mar-
kets of the future. The Office of Science is the nation’s largest sup-
porter of basic research in the physical sciences.
The Office of Science includes the following programs: Advanced
Scientific Computing Research; Basic Energy Sciences; Biological
and Environmental Research: Fusion Energy Sciences; High En-
ergy Physics; Nuclear Physics; Isotope R&D and Production; Accel-
erator R&D and Production; Workforce Development for Teachers
and Scientists; Science Laboratories Infrastructure; Safeguards and
Security; and Program Direction. The Committee has placed a high
priority on funding these activities in fiscal year 2022, given the
private sector is not likely to fund research whose findings either
have high non-commercial value or are not likely to be commer-
cialized in the near or medium term. This work is vital to sus-
taining the scientific leadership of the United States and can pro-
vide the underpinnings for valuable intellectual property in the
coming decades.
Additional direction related to Department-wide crosscutting ini-
tiatives is provided under the heading Crosscutting Initiatives in
front matter for the Department of Energy.
Artificial Intelligence and Machine Learning.—The recommenda-
tion includes not less than $115,000,000 for Artificial Intelligence
and Machine Learning. As the stewards of the leadership com-
puting facilities, the Committee encourages Advanced Scientific
Computing Research to play a lead role in the Department’s artifi-
cial intelligence and machine learning activities.
Biomedical Sciences.—Collaborative research efforts between the
Department and the National Institutes of Health (NIH), including
the National Institute of Mental Health (NIMH), are developing
breakthroughs in health research, including drug discovery, brain
research, innovative neurotechnologies, diagnostic technologies, and
other biomedical research areas. The Department is encouraged to
expand its relationships with NIH, including NIMH, to work to-
gether more strategically to leverage the Department’s research ca-
pabilities, including instrumentation, materials, modeling and sim-
ulation, and data science. The facilities and equipment funded in
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this Act support applications in many areas of biomedical research.
Better coordination between the Department and NIH could be in-
strumental in assisting to develop the nation’s health, security, and
technologies with novel biomedical application. The recommenda-
tion includes not less than $2,000,000 for collaboration with NIH
within the Department’s data and computational mission space.
Quantum Information Sciences.—The Committee supports the
Office of Science’s coordinated and focused research program in
quantum information science and technology. This emerging field
of science promises to yield revolutionary new approaches to com-
puting, sensing, and communication. The recommendation provides
not less than $245,000,000 for quantum information science, in-
cluding not less than $120,000,000 for research and $125,000,000
for the five National Quantum Information Science Research Cen-
ters. Within available funding, the Committee encourages the De-
partment to support a quantum internet and communications re-
search program consistent with the Department’s ‘‘America’s Blue-
print for the Quantum Internet’’ strategy. The Department is di-
rected to continue its coordination efforts with the National Science
Foundation, other federal agencies, private sector stakeholders, and
the user community to promote researcher access to quantum sys-
tems, enhance the U.S. quantum research enterprise, develop the
U.S. quantum computing industry, and educate the future quan-
tum computing workforce.
The Committee directs the Department to be inclusive of all
quantum information science technologies to ensure the research
expands all possible research applications. Funded research should
be inclusive of quantum technologies, including gate, annealing,
topological, photonics, trapped ion, silicon, superconducting, and
other viable quantum technologies. The Department is directed to
provide to the Committee not later than 90 days after enactment
of this Act a report of near-term application developments. The re-
port should outline the breakdown of research funding across the
available quantum computing technologies, including gate, anneal-
ing, topological, photonics, trapped ion, silicon, superconducting,
and other viable quantum technologies.
Traineeships for Underrepresented Communities.—The Com-
mittee supports the Department’s efforts to diversify the nuclear
physics research community by offering research traineeships to
underrepresented communities pursuing STEM undergraduate de-
grees. The Committee encourages the Department to especially re-
cruit undergraduate students from Historically Black Colleges and
Universities, Hispanic-Serving Institutions, Tribal Colleges and
Universities, and Asian American and Pacific Islander Serving In-
stitutions. The Department is directed to provide to the Committee
not less than 90 days after enactment of this Act a briefing on its
efforts; data on students’ socioeconomic status, race, or ethnicity;
and recommendations on how to expand this program across the
Office of Science and more broadly across the Department.
Reaching a New Energy Sciences Workforce.—The Committee
supports the new Reaching a New Energy Sciences Workforce
(RENEW) initiative for targeted efforts to increase participation
and retention of underrepresented groups in the Office of Science’s
research activities. The Department is directed to provide to the
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Committee not later than 90 days after enactment of this Act and
quarterly thereafter briefings on implementation of this program.
ADVANCED SCIENTIFIC COMPUTING RESEARCH
The Advanced Scientific Computing Research program develops
and hosts some of the world’s fastest computing and network capa-
bilities to enable science and energy modeling, simulation, and re-
search.
High Performance Computing and Network Facilities.—The rec-
ommendation provides not less than $160,000,000 for the Argonne
Leadership Computing Facility, $250,000,000 for the Oak Ridge
Leadership Computing Facility, and not less than $115,000,000 for
the National Energy Research Scientific Computing Center at Law-
rence Berkeley National Laboratory. The recommendation includes
not less than $90,000,000 to support necessary infrastructure up-
grades and operations for ESnet.
Mathematical, Computational, and Computer Sciences Re-
search.—The recommendation provides not less than $250,000,000
for Mathematical, Computational, and Computer Sciences Re-
search, including not less than $15,000,000 for computational
sciences workforce programs.
The recommendation includes not less than $15,000,000 and up
to $40,000,000 for the development of AI-optimized emerging mem-
ory technology for AI-specialized hardware allowing for new com-
puting capabilities tailored to the demands of artificial intelligence
systems.
BASIC ENERGY SCIENCES
The Basic Energy Sciences program funds basic research in ma-
terials science, chemistry, geoscience, and bioscience. The science
breakthroughs in this program enable a broad array of innovation
in energy technologies and other industries critical to American
economic competitiveness.
Research.—The recommendation provides $130,000,000 for En-
ergy Frontier Research Centers, $25,000,000 for the Experimental
Program to Stimulate Competitive Research, $25,000,000 for the
Batteries and Energy Storage Innovation Hub, and not less than
$20,000,000 and up to $25,000,000 for the Fuels from Sunlight In-
novation Hub. The Department is directed to provide to the Com-
mittee not later than 90 days after enactment of this Act a plan
to recapitalize and modernize needed infrastructure, instrumenta-
tion, and capabilities utilized by the Energy Innovation Hubs.
The Committee encourages the Office of Science to work with the
Office of Energy Efficiency and Renewable Energy to address the
need to quickly scale up efforts to develop cleaner production of hy-
drogen at lower costs to attract industrial investment.
The recommendation provides not less than $535,000,000 for fa-
cilities operations of the nation’s light sources, not less than
$293,000,000 for facilities operations of the high-flux neutron
sources, and not less than $142,000,000 for facilities operations of
the Nanoscale Science Research Centers (NSRC).
The recommendation provides not less than $14,300,000 for other
project costs, including $4,300,000 for Linac Coherent Light Source-
II, $5,000,000 for Advanced Photon Source Upgrade, $3,000,000 for
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Linac Coherent Light Source-II HE, and $2,000,000 for Cryomodule
Repair & Maintenance Facility. The recommendation includes
$15,000,000 for NSRC Recapitalization.
The recommendation includes $15,000,000 for NSLS II Experi-
mental Tools-II. Commissioned in 2014, the NSLS II is currently
the nation’s most powerful synchrotron x-ray light source. While it
was designed to accommodate 60 beamlines, just over half will
have been constructed at the completion of NEXT II. The Depart-
ment is directed to provide to the Committee not later than 120
days after enactment of this Act a plan and timeline for the design
and construction of the beamlines necessary to complete the build-
out of the NSLS II.
BIOLOGICAL AND ENVIRONMENTAL RESEARCH
The Biological and Environmental Research (BER) program sup-
ports advances in energy technologies and related science through
research into complex biological and environmental systems.
The recommendation includes not less than $390,000,000 for Bio-
logical Systems Science and not less than $405,000,000 for Earth
and Environmental Systems Sciences.
The recommendation provides up to $5,000,000 to support uni-
versity research efforts for the design and development of AI-in-
spired biological robots for a broad set of applications, including en-
vironmental remediation, chemical upcycling, energy-relevant bio-
materials, and enabling technologies for basic biological sciences.
The Department should focus on reducing the time and scaling up
the processes required to design, manufacture, and deploy new
kinds of biological machines for energy and environmental mis-
sions.
The Committee continues to support the prototyping and estab-
lishment of fabricated ecosystems, automation, sensors, and com-
putational tools to enable a predictive understanding of soil-plant-
microbe interactions across molecular to ecosystem scales. The
novel tools and capabilities will accelerate discovery and speed the
delivery of solutions to climate change, environmental sustain-
ability, and clean energy. The recommendation provides not less
than $6,000,000 for fabricated ecosystems and sensors. Within
available funds, the recommendation includes up to $4,000,000 for
second generation SmartSoils fabricated ecosystem testbeds, new
sensors, and computational tools to enable real-time connectivity
between lab-controlled, instrumented SmartSoil testbeds and natu-
rally varying field experiments. Within available funds, the rec-
ommendation includes up to $8,000,000 to develop and test novel
sensor technologies, procure second generation EcoPOD units, and
create the computational and experimental infrastructures nec-
essary to dissect field observations at atomic and molecular levels
in fabricated ecosystems.
The Committee supports the Department-wide Designing the
Bioeconomy Initiative and directs the Department to develop Artifi-
cial Intelligence and Machine Learning tools and Design, Build,
Test, Learn systems for the discovery and annotation of genes in-
volved in the biosynthesis of inorganic and organic/inorganic bio-
logically produced materials.
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The recommendation provides not less than $100,000,000 for the
Bioenergy Research Centers and up to $15,000,000 to continue the
development of a multi-scale genes-to ecosystems approach that
supports a predictive understanding of gene functions and how
they scale with complex biological and environmental systems.
The recommendation includes not less than $10,000,000 for the
low-dose radiation research program. The Department is directed
to complete the required contract agreement with the National
Academy of Sciences (NAS) to develop a plan for and to conduct a
comprehensive, multi-year independent low-dose radiation research
program. The Committee intends for this research plan to include
a five-year program implementation outline and funding require-
ments. The plan shall include recommendations for the Depart-
ment and other federal agencies, including collaborations with out-
side organizations. The research plan shall be developed in con-
sultation with other federal agencies and qualified personnel rep-
resenting industry and public interest stakeholders.
The Committee continues to support the Department’s funding
for colleges and universities to examine and evaluate earth system
models and validate their ability to reproduce earth systems.
The Committee continues to support the Department’s invest-
ment in observational studies, modeling, and computing to reduce
the uncertainty in understanding cloud aerosol effects, and the rec-
ommendation includes not less than $15,000,000 and up to
$30,000,000 to build upon this research. Within available funds,
the Department is directed to support the modernization and accel-
eration of the Energy, Exascale, and Earth System Model program
to improve earth system prediction and climate risk management
in the service of U.S. public safety, security, and economic inter-
ests, including, in coordination with the Department of Homeland
Security, evaluation of the modernization and adaptation of capa-
bilities from the National Infrastructure Simulation and Analysis
Center to support climate impacts on infrastructure and commu-
nities.
The recommendation includes not less than $100,000,000 for En-
vironmental System Science.
The recommendation includes not less than $30,000,000 to con-
tinue the development of observational assets and support associ-
ated research on the nation’s major land-water interfaces, including
the Great Lakes and the Puget Sound, that leverages national lab-
oratories’ assets as well as local infrastructure and expertise at
universities and other research institutions. The Department is di-
rected to provide to the Committee not later than 120 days after
enactment of this Act a ten-year research plan, including annual
budget targets and justifications, for this integrated effort. The
plan should identify investments in existing and new field sites
that further the establishment of a national coastal observation
network.
The Committee supports activities to advance AI for Earth Sys-
tem Processes for integrating diverse observations and models, in-
cluding a focus on extreme hydrology in vulnerable watersheds crit-
ical for U.S. water resilience in a changing climate. The Committee
supports activities to develop integrated mountainous hydroclimate
modeling and observational capabilities. The effort should leverage
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activities supported by other federal agencies active in inves-
tigating how snow-dominated Upper Colorado mountainous sys-
tems are responding to extreme events and gradual warming and
the implications for water resilience in the western United States.
Existing scientific and modeling approaches for understanding
water-energy systems cannot accurately simulate and predict rapid
changes and feedbacks between coupled water and energy systems
in an uncertain future where extremes, such as droughts, floods,
heat waves, and wildfires, are becoming more frequent, intense,
and widespread. The Department is directed to support Regional
Data, Modeling, and Analysis Test Beds targeted to universities
with research competencies in water scarcity issues in dry regions
of the United States.
The Department is directed to give priority to optimizing the op-
eration of BER user facilities and encouraged to examine needs for
additional capabilities at its existing user facilities.
FUSION ENERGY SCIENCES
The Fusion Energy Sciences program supports basic research
and experimentation aiming to harness nuclear fusion for energy
production.
The Committee appreciates the fusion community’s process to de-
velop a comprehensive long-range strategic plan developed through
a consensus process. The Committee directs the Department to fol-
low and embrace the recommendations of the Fusion Energy
Sciences Advisory Committee’s ‘‘Powering the Future: Fusion and
Plasmas’’ report, and the Committee endeavors to provide funding
that reflects the prioritization developed through the community’s
consensus process. The Department is directed to provide to the
Committee not later than 90 days after enactment of this Act a
briefing on how the Department is aligning its Fusion Energy
Sciences program with the recommendations of the ‘‘Powering the
Future: Fusion and Plasmas’’ report.
Research.—The recommendation provides not less than
$20,000,000 for High Energy Density Laboratory Plasmas, includ-
ing activities for LaserNetUS; not less than $59,000,000 for NSTX–
U Operations; and not less than $33,000,000 for NSTX–U Re-
search.
The recommendation includes up to $45,000,000 for the Mile-
stone-Based Development Program as authorized in section 2008 of
the Energy Act of 2020. The Department is directed to support
these activities at a level commensurate with the prioritization rec-
ommended in the ‘‘Powering the Future: Fusion and Plasmas’’ re-
port. The Department is directed to provide to the Committee not
later than 90 days after enactment of this Act a briefing on how
the authorities provided in the Milestone-Based Development Pro-
gram can be applied to the prioritized activities recommended in
the ‘‘Powering the Future: Fusion and Plasmas’’ report.
The Committee notes the long-range plan includes consideration
of the development of a stellarator facility, and the Department is
directed to support these activities at a level commensurate with
the prioritization in the ‘‘Powering the Future: Fusion and Plas-
mas’’ report developed through the community’s consensus process
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and to conduct these activities in conjunction with university-led
teams as appropriate.
The recommendation provides not less than $25,000,000 for the
Materials Plasma Exposure experiment.
Construction.—The Committee recommends $242,000,000 for the
U.S. contribution to the ITER project, of which not less than
$80,000,000 is for in-cash contributions. The Committee continues
to believe the ITER project represents an important step forward
for energy sciences and has the potential to revolutionize the cur-
rent understanding of fusion energy. The fiscal year 2021 Act di-
rected the Department to provide to the Committee the perform-
ance baseline for the entire project, including an updated baseline
for Subproject 1 and a baseline for Subproject 2. The Committee is
still awaiting this information, and the Department is directed to
provide this information not later than 30 days after enactment of
this Act.
The Committee provides funding for the Matter in Extreme Con-
ditions Upgrade at a level commensurate with the prioritization in
the ‘‘Powering the Future: Fusion and Plasmas’’ report developed
through the community’s consensus process.
HIGH ENERGY PHYSICS
The High Energy Physics program supports fundamental re-
search into the elementary constituents of matter and energy and
ultimately into the nature of space and time. The program focuses
on particle physics theory and experimentation in three areas: the
energy frontier, which investigates new particles and fundamental
forces through high-energy experimentation; the intensity frontier,
which focuses on rare events to better understand our fundamental
model of the universe’s elementary constituents; and the cosmic
frontier, which investigates the nature of the universe and its form
of matter and energy on cosmic scales.
Research.—The recommendation provides not less than
$30,000,000 for the Sanford Underground Research Facility and
not less than $20,000,000 for Cosmic Microwave Background-Stage
4.
The Committee strongly encourages the Department to maintain
a balanced portfolio of small-, medium-, and large-scale experi-
ments and to ensure adequate funding for research performed at
universities and the national laboratories. The Committee encour-
ages the Department to fund facility operations at levels for opti-
mal operations.
NUCLEAR PHYSICS
The Nuclear Physics program supports basic research into the
fundamental particles that compose nuclear matter, how they
interact, and how they combine to form the different types of mat-
ter observed in the universe today.
Research.—The Department is directed to give priority to opti-
mizing operations for all Nuclear Physics user facilities.
The recommendation provides up to $12,500,000 for the Gamma-
Ray Energy Tracking Array, up to $13,000,000 for the High Rigid-
ity Spectrometer, and up to $16,200,000 for MOLLER.
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ISOTOPE R&D AND PRODUCTION
Isotope R&D and Production ensures robust supply chains of crit-
ical radioactive and stable isotopes for the nation that no domestic
entity has the infrastructure or core competency to produce. The
Committee supports the FRIB Isotope Harvesting projects.
ACCELERATOR R&D AND PRODUCTION
Accelerator R&D and Production supports cross-cutting research
and development in accelerator science and technology, access to
unique Office of Science accelerator research and development in-
frastructure, workforce development, and public-private partner-
ships to advance new technologies for use in the Office of Science’s
scientific facilities and in commercial products.
WORKFORCE DEVELOPMENT FOR TEACHERS AND SCIENTISTS
The Workforce Development for Teachers and Scientists program
ensures that the nation has the sustained pipeline of science, tech-
nology, engineering, and mathematics (STEM) workers to meet na-
tional goals and objectives.
The Committee recommends $35,000,000 for Workforce Develop-
ment for Teachers and Scientists.
The Committee encourages the Department, in collaboration with
the national laboratories, to support engagement with high schools
locally and across the nation through impactful interactions with
national laboratory employees, work-based learning, experiential
activities, and emerging technology programs. In support of the De-
partment’s and national laboratories’ diversity goals, these pre-col-
lege programs should address the specific needs of each labora-
tories’ regional community. Programs should directly support and
prioritize participation from underrepresented racial and ethnic
groups in STEM and people with disabilities. The programs may
also address gaps in educational programming and opportunities
for students in under resourced and rural school districts.
Further, the Department is directed to submit to the Committee
not later than 120 days after enactment of this Act a plan describ-
ing a five-year educational and workforce development program for
expanding engagement with and support for high school, under-
graduate, and graduate students as well as recent graduates,
teachers, and faculty in STEM fields. This plan may include paid
internships, fellowships, temporary employment, training pro-
grams, visiting student and faculty programs, sabbaticals, and re-
search support. The plan shall also include an outreach strategy to
more effectively advertise, recruit, and promote educational and
workforce programs to community colleges, Minority Serving Insti-
tutions, and non-research universities.
SCIENCE LABORATORIES INFRASTRUCTURE
The Science Laboratories Infrastructure program sustains mis-
sion-ready infrastructure and safe and environmentally responsible
operations by providing the infrastructure improvements necessary
to support leading edge research by the Department’s national lab-
oratories.
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The fiscal year 2021 Act directed the Department to submit to
the Committee a report on the funding levels required for oper-
ations and maintenance of Oak Ridge National Laboratory nuclear
facilities. The Committee is still awaiting this report and directs
the Department to provide the report not later than 15 days after
enactment of this Act.
NUCLEAR WASTE DISPOSAL
Appropriation, 2021 ............................................................................ $27,500,000
Budget estimate, 2022 ....................................................................... 7,500,000
Recommended, 2022 ........................................................................... 27,500,000
Comparison:
Appropriation, 2021 ........................................................................ –––
Budget estimate, 2022 .................................................................... +20,000,000
The recommendation includes $27,5000,000 for Nuclear Waste
Disposal, of which $20,000,000 is for interim storage and
$7,500,000 is for Nuclear Waste Fund (NWF) oversight activities.
Funds for NWF oversight activities are derived from the NWF.
The Department is directed to move forward under existing au-
thority to identify a site for a federal interim storage facility. The
Department is further directed to use a consent-based approach
when undertaking these activities. The Department is reminded
that the Nuclear Waste Policy Act provides for a wide variety of ac-
tivities that may take place prior to the limitation in that Act.
The Committee also notes that spent nuclear fuel is in many
cases located near Indian reservations and cities. As the Depart-
ment moves forward with planning for an integrated system for the
nation’s spent nuclear fuel, the Committee encourages the Depart-
ment to include planning for the removal of spent nuclear fuel from
sites located near Indian reservations and cities.
TECHNOLOGY TRANSITIONS
Appropriation, 2021 ............................................................................ $– – –
Budget estimate, 2022 ....................................................................... 19,470,000
Recommended, 2022 ........................................................................... 19,470,000
Comparison:
Appropriation, 2021 ........................................................................ +19,470,000
Budget estimate, 2022 .................................................................... –––
The budget request proposes a separate appropriation for the Of-
fice of Technology Transitions (OTT). The mission of OTT is to ex-
pand the commercial and public impact of the research investments
of the Department, and OTT enhances the public return on invest-
ment in the Department’s technology portfolio, including the na-
tional laboratories, through a suite of outcome-oriented activities
that enable climate change mitigation, job creation, and commer-
cialization of technologies developed by the Department.
The Committee supports funding OTT through a new, separate
appropriation to increase transparency and reflect the need for
multi-year funding for programmatic activities.
The recommendation provides not less than $5,000,000 for a com-
petitive funding opportunity for incubators supporting energy inno-
vation clusters. These incubators should have the support of state,
regional, and local entities. The Department is directed to provide
to the Committee not later than 120 days after obligation of these
funds a report on the impact incubators have on job creation and
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workforce development, including in low-income communities and
on underrepresented entrepreneurs.
CLEAN ENERGY DEMONSTRATIONS
Appropriation, 2021 ............................................................................ $– – –
Budget estimate, 2022 ....................................................................... 400,000,000
Recommended, 2022 ........................................................................... 200,000,000
Comparison:
Appropriation, 2021 ........................................................................ +200,000,000
Budget estimate, 2022 .................................................................... ¥200,000,000
The budget request proposes to establish an Office of Clean En-
ergy Demonstrations (OCED) to accelerate the maturation of near-
and mid-term clean energy technologies and systems with the goal
of quicker commercial adoption and increased availability. This will
be accomplished through a systematic approach that is informed
by, and integrated with, existing clean energy innovation initia-
tives across the Department’s program and functional offices, sites,
and national laboratories.
The Committee supports the establishment of an Office of Clean
Energy Demonstrations. The Department is directed to conduct
these activities on a competitive basis and include cost-share re-
quirements pursuant to section 988 of the Energy Policy Act of
2005. The Department is encouraged to conduct these activities
through technology neutral solicitations focused on crosscutting en-
ergy challenges.
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
Appropriation, 2021 ............................................................................ $427,000,000
Budget estimate, 2022 ....................................................................... 500,000,000
Recommended, 2022 ........................................................................... 600,000,000
Comparison:
Appropriation, 2021 ........................................................................ +173,000,000
Budget estimate, 2022 .................................................................... +100,000,000
The Advanced Research Projects Agency—Energy (ARPA–E) sup-
ports research aimed at rapidly developing energy technologies
whose development and commercialization are too risky to attract
sufficient private sector investment but are capable of significantly
changing the energy sector to address our critical economic, envi-
ronmental, and energy security challenges. The technology break-
throughs funded by ARPA–E have significant commercial impact
and have received billions of dollars in private-sector funding to
continue to advance those technologies toward the marketplace.
Projects funded by ARPA–E include wide-ranging areas such as
production processes for transportation fuel alternatives that can
reduce our dependence on imported oil, low-cost electric aviation
technologies, enhancing the environmental and economic potential
of crop roots, and accelerating the development of commercial fu-
sion energy.
The budget request proposes the establishment of an Advanced
Research Projects Agency—Climate (ARPA–C). However, the budg-
et request justification notes that ARPA–C will require legislation
beyond the current ARPA–E authorization. The Committee notes
that ARPA–E has authority ‘‘to address the energy and environ-
mental missions of the Department,’’ according to section 5012 of
the America COMPETES Act. This includes climate-related innova-
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tions, and further, the Committee notes that ARPA–E already
funds such activities. The Department is directed to conduct the
proposed activities through ARPA–E. Additionally, the budget re-
quest proposes funds for other federal agencies in support of
ARPA–C’s mission. The Department is directed to support and co-
ordinate any such efforts through ARPA–E.
The Committee supports the recent activities of ARPA–E aimed
to support the scaling of high-risk and potentially disruptive
ARPA–E funded technologies across the full spectrum of energy ap-
plications.
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM
ADMINISTRATIVE EXPENSES
GROSS APPROPRIATION
Appropriation, 2021 ............................................................................ $32,000,000
Budget estimate, 2022 ....................................................................... 182,000,000
Recommended, 2022 ........................................................................... 32,000,000
Comparison:
Appropriation, 2021 ........................................................................ –––
Budget estimate, 2022 .................................................................... ¥150,000,000
OFFSETTING COLLECTIONS
Appropriation, 2021 ............................................................................ ¥$3,000,000
Budget estimate, 2022 ....................................................................... ¥3,000,000
Recommended, 2022 ........................................................................... ¥3,000,000
Comparison:
Appropriation, 2021 ........................................................................ –––
Budget estimate, 2022 .................................................................... –––
NET APPROPRIATION
Appropriation, 2021 ............................................................................ $29,000,000
Budget estimate, 2022 ....................................................................... 179,000,000
Recommended, 2022 ........................................................................... 29,000,000
Comparison:
Appropriation, 2021 ........................................................................ –––
Budget estimate, 2022 .................................................................... ¥150,000,000
The recommendation includes a net appropriation of $29,000,000
in administrative expenses for the Loan Guarantee Program.
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN
PROGRAM
Appropriation, 2021 ............................................................................ $5,000,000
Budget estimate, 2022 ....................................................................... 5,000,000
Recommended, 2022 ........................................................................... 5,000,000
Comparison:
Appropriation, 2021 ........................................................................ –––
Budget estimate, 2022 .................................................................... –––
The Energy Independence and Security Act of 2007 established
a direct loan program to support the development of advanced tech-
nology vehicles and associated components in the United States.
The program provides loans to automobile and automobile part
manufacturers for the cost of re-equipping, expanding, or estab-
lishing manufacturing facilities in the United States to produce ad-
vanced technology vehicles or qualified components, and for associ-
ated engineering integration costs. The Committee remains dis-
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appointed with the rescission of emergency balances included in
Public Law 116–260.
TRIBAL ENERGY LOAN GUARANTEE PROGRAM
Appropriation, 2021 ............................................................................ $2,000,000
Budget estimate, 2022 ....................................................................... 2,000,000
Recommended, 2022 ........................................................................... 2,000,000
Comparison:
Appropriation, 2021 ........................................................................ –––
Budget estimate, 2022 .................................................................... –––
The Energy Policy Act of 2005 established a loan guarantee pro-
gram for energy development to provide or expand electricity on In-
dian land. The Department is encouraged to take formal steps to
market this program and ensure the program’s availability, bene-
fits, and application process are made known to potential appli-
cants who are ready to seek financing.
INDIAN ENERGY POLICY AND PROGRAMS
Appropriation, 2021 ............................................................................ $22,000,000
Budget estimate, 2022 ....................................................................... 122,000,000
Recommended, 2022 ........................................................................... 70,000,000
Comparison:
Appropriation, 2021 ........................................................................ +48,000,000
Budget estimate, 2022 .................................................................... ¥52,000,000
The Energy Policy Act of 2005 established the Office of Indian
Energy and Policy Programs. The Office of Indian Energy provides
technical assistance, direct and remote education, policy research
and analysis, and financial assistance to Indian tribes, Alaska Na-
tive Village and Regional corporations, and Tribal Energy Resource
Development Organizations.
The Committee encourages the Department to use its cost share
waiver authority under section 2602 of the Energy Policy Act of
1992, as modified by section 8013 of the Energy Act of 2020, when
applicable. The Committee encourages the Department to coordi-
nate with other federal agencies to increase outreach about the
availability of the assistance of the Office of Indian Energy Policy
and Programs.
The recommendation provides not less than $25,000,000 to ad-
vance technical assistance, demonstration, and deployment of dis-
tributed solar and energy storage technologies for households and
communities in tribal nations to improve reliability, resilience, and
alleviate energy poverty. The Department is encouraged to
prioritize households and communities that lack connection to the
electric grid. The Department is directed to collaborate with the Of-
fice of Energy Efficiency and Renewable Energy, including the
Solar Energy Technologies Office, and the Office of Electricity in
issuing these funds.
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DEPARTMENTAL ADMINISTRATION
GROSS APPROPRIATION
Appropriation, 2021 ............................................................................ $259,378,000
Budget estimate, 2022 ....................................................................... 422,378,000
Recommended, 2022 ........................................................................... 372,578,000
Comparison:
Appropriation, 2021 ........................................................................ +113,200,000
Budget estimate, 2022 .................................................................... ¥49,760,000
REVENUES
Appropriation, 2021 ............................................................................ ¥$93,378,000
Budget estimate, 2022 ....................................................................... ¥100,578,000
Recommended, 2022 ........................................................................... ¥100,578,000
Comparison:
Appropriation, 2021 ........................................................................ ¥7,200,000
Budget estimate, 2022 .................................................................... –––
NET APPROPRIATION
Appropriation, 2021 ............................................................................ $166,000,000
Budget estimate, 2022 ....................................................................... 321,760,000
Recommended, 2022 ........................................................................... 272,000,000
Comparison:
Appropriation, 2021 ........................................................................ +106,000,000
Budget estimate, 2022 .................................................................... ¥49,760,000
Funding recommended for Departmental Administration provides
for general management and program support functions benefiting
all elements of the Department, including the National Nuclear Se-
curity Administration. The account funds a wide array of Head-
quarters activities not directly associated with the execution of spe-
cific programs. The recommendation includes eight reprogramming
control points in this account to provide flexibility in the manage-
ment of support functions. Other Departmental Administration in-
cludes Management, Project Management Oversight and Assess-
ments, Chief Human Capital Officer, Office of Small and Disadvan-
taged Business Utilization, General Counsel, Office of Policy, and
Public Affairs. The Department is directed to continue to submit a
budget request that proposes a separate funding level for each of
these activities.
The Committee is concerned about the security and economic im-
plications of America’s dependence on foreign nations to fulfill the
rare earth mineral needs of America’s energy and defense sectors.
The Committee is also concerned about the potential influence of
foreign owned and controlled assets in the United States related to
critical minerals. The Department, in coordination with relevant
federal agencies, is directed to provide to the Committee not later
than 60 days after enactment of this Act a report regarding any fi-
nancial or technical support provided by the Department to domes-
tic critical minerals assets and the status of such financial or tech-
nical support.
Within available funds, the recommendation includes up to
$5,000,000 to leverage commercial technologies and carry out pilot
projects related to implementation of the requirements under Title
II of the Foundations for Evidence-Based Policymaking Act (Public
Law 115–435).
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Economic Impact and Diversity.—The Committee supports the
Office of Economic Impact and Diversity’s role in driving new ini-
tiatives to achieve energy equity and environmental justice across
the Department and recognizes the office’s increased responsibil-
ities of implementing Executive Orders 13985, 13988, and 14008.
Therefore, the recommendation provides $20,000,000 for the Office
of Economic Impact and Diversity, $9,831,000 above fiscal year
2021 and equal to the budget request.
Chief Information Officer.—The Committee notes the importance
of prioritizing funding for cybersecurity activities at a time when
cyber threats to the Department’s facilities, sites, and national lab-
oratories are increasing. Within available funds, the recommenda-
tion provides not less than $71,800,000 for cybersecurity and se-
cure information. In addition, the recommendation provides not
less than $55,000,000 to address the impacts of the SolarWinds in-
cident across the Department.
International Affairs.—Within available funds, the recommenda-
tion includes $6,000,000 to continue implementation of the U.S.-
Israel Energy Cooperative Agreement and to develop the U.S.-
Israel Energy Center.
The Committee is supportive of the Department’s continued work
in energy cooperation with Ukraine, including providing technical
assistance in developing winter action plans and the current effort
to assist with a national energy resiliency plan. The Committee en-
courages additional work in areas of importance to both countries,
including technical assistance support for Ukrainian national en-
ergy security strategies and development of low carbon sources of
energy.
Other Departmental Administration.—The recommendation pro-
vides not less than $25,000,000 for the Chief Human Capital Offi-
cer, up to $38,000,000 for the General Counsel, not less than
$13,000,000 for Project Management Oversight and Assessments,
not less than $3,500,000 for the Office of Small and Disadvantaged
Business Utilization, and not less than $4,000,000 for Public Af-
fairs. The Department is directed to provide to the Committee not
later than 30 days after enactment of this Act the briefing required
in the fiscal year 2021 Act detailing how it plans to address GAO’s
high-risk concerns.
U.S. Energy and Employment Report.—The Department is di-
rected to continue to complete an annual U.S. energy employment
report that includes a comprehensive statistical survey to collect
data, publish the data, and provide a summary report. The infor-
mation collected shall include data relating to employment figures
and demographics in the U.S. energy sector using methodology ap-
proved by the Office of Management and Budget in 2016. The De-
partment is directed to produce and release this report annually.
OFFICE OF THE INSPECTOR GENERAL
Appropriation, 2021 ............................................................................ $57,739,000
Budget estimate, 2022 ....................................................................... 78,000,000
Recommended, 2022 ........................................................................... 78,000,000
Comparison:
Appropriation, 2021 ........................................................................ +20,261,000
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The Office of the Inspector General performs agency-wide audit,
inspection, and investigative functions to identify and correct man-
agement and administrative deficiencies that create conditions for
existing or potential instances of fraud, waste, and mismanage-
ment. The audit function provides financial and performance audits
of programs and operations. The inspections function provides inde-
pendent inspections and analyses of the effectiveness, efficiency,
and economy of programs and operations. The investigative func-
tion provides for the detection and investigation of improper and il-
legal activities involving programs, personnel, and operations.
The Committee notes the release of the April 2021 Special Report
dealing with audits of the Department’s Management and Oper-
ating (M&O) contractors, which drives the budget request increase.
The Committee does not question the Inspector General’s authority
to develop a new audit strategy and appreciates the attention to
this matter. The Committee has heard concerns about how this
strategy will be implemented. Prior to obligating any funds for the
independent audit strategy, the Inspector General shall submit to
the Committee a detailed implementation plan for transitioning
from the Cooperative Audit Strategy to the independent audit
strategy, including hiring of new federal employees, metrics for
how the Office of the Inspector General will measure success, the
extent of the need for access to contractor systems, and how the
independent audit strategy will be phased in across the Depart-
ment’s 32 M&Os. The Department is directed to provide to the
Committee not later than 90 days after enactment of this Act, and
quarterly thereafter, a briefing on the implementation of the inde-
pendent audit strategy.
ATOMIC ENERGY DEFENSE ACTIVITIES
The Atomic Energy Defense Activities programs of the Depart-
ment in the National Nuclear Security Administration (NNSA) con-
sist of Weapons Activities, Defense Nuclear Nonproliferation, Naval
Reactors, and Federal Salaries and Expenses. Outside of the
NNSA, Atomic Energy Defense Activities programs include Defense
Environmental Cleanup, Defense Uranium Enrichment Decon-
tamination and Decommissioning, and Other Defense Activities.
Descriptions of each of these accounts are provided below.
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The Department of Energy is responsible for enhancing U.S. na-
tional security through the military application of nuclear tech-
nology and reducing the global danger from the proliferation of
weapons of mass destruction. The NNSA, a semi-autonomous agen-
cy within the Department, carries out these responsibilities. Estab-
lished in March 2000, pursuant to title 32 of the National Defense
Authorization Act for fiscal year 2000, the NNSA is responsible for
the management and operation of the nation’s nuclear weapons
complex, nuclear nonproliferation activities, and naval reactors.
The Committee encourages the NNSA to coordinate with the De-
partment of Defense regarding a nuclear scenario wargame that in-
cludes participation of Congressional members to both participate
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in and observe table-top exercises and other scenario-based, non-
training exercises.
WEAPONS ACTIVITIES
Appropriation, 2021 ............................................................................ $15,345,000,000
Budget estimate, 2022 ....................................................................... 15,484,295,000
Recommended, 2022 ........................................................................... 15,484,295,000
Comparison:
Appropriation, 2021 ........................................................................ +139,295,000
Budget estimate, 2022 .................................................................... –––
Weapons Activities ensures the safety, security, reliability, and
effectiveness of the nation’s nuclear weapons stockpile without nu-
clear explosive testing. These activities are funded by five main ele-
ments: Stockpile Management; Production Modernization; Stockpile
Research, Technology, and Engineering; Infrastructure and Oper-
ations; and Security functions.
The Committee notes that the Administration is moving forward
with a nuclear posture review and encourages the Administration
to ensure that the review and future budget requests reflect a sus-
tainable path forward for the NNSA so it can deliver on its budget
and schedule commitments. In conducting this review, the Admin-
istration is encouraged to appropriately value the role of science
and technology in sustaining the stockpile without the need for
testing, which is too often marginalized in budget requests. The
Committee is concerned that the focus on refurbishing and building
new warheads, along with the plutonium pit production mission,
has resulted in significant downward pressure on other critical ac-
tivities within Defense Programs, including science and infrastruc-
ture. Continuing this unbalanced funding strategy is not sustain-
able. Additionally, the Committee urges the Administration to en-
sure that military requirements align to what the NNSA can real-
istically achieve.
Integrated Priorities Report.—The fiscal year 2021 Act directed
the NNSA to provide with its budget request an Integrated Prior-
ities Report (IPR). The Committee is still awaiting this report and
directs the NNSA to provide the IPR not later than 30 days after
enactment of this Act and with the annual budget request there-
after. In light of the NNSA’s increasing and highly interdependent
workload, which requires significant investments to reconstitute
key capabilities and materials, recapitalize infrastructure and con-
struct new facilities, and modernize cyber and physical security,
the Committee considers the IPR critical to its oversight role.
STOCKPILE MANAGEMENT
Stockpile Management includes all activities that directly sustain
and modernize the nuclear stockpile. These activities include main-
tenance, operations, surveillance, dismantlement, and weapon ac-
quisition programs including life extensions, modifications, and al-
terations.
Stockpile Major Modernization and Sustainment Activities.—No
funding is provided for the B83–1 service life extension or the
W80–4 Alteration for the Sea-Launched Cruise Missile. The Com-
mittee considers these proposed investments premature pending
the nuclear posture review.
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Joint Nuclear Weapons Lifecycle Process.—The Committee re-
mains concerned the existing joint nuclear weapons lifecycle proc-
ess lacks modern management controls such as upfront planning,
analyses of alternatives that meet GAO best practices, and earlier
cost estimating. The Committee remains further concerned that
some of these controls are optional and are not consolidated within
one Departmental order or directive. Additionally, parts of the
lifecycle process have not been exercised in decades. The Com-
mittee looks forward to receiving the Office of Cost Estimating and
Program Evaluation (CEPE) Joint Nuclear Weapons Lifecycle Proc-
ess assessment directed in the fiscal year 2021 Act, as well as the
NNSA’s briefing on its plans to incorporate CEPE’s recommenda-
tions.
PRODUCTION MODERNIZATION
Production Modernization includes all activities needed to restore
and modernize production capabilities. These activities include re-
storing and modernizing the capability to produce primaries,
secondaries, and non-nuclear components.
Comprehensive Critical Materials Strategy.—The U.S. nuclear se-
curity strategy requires access to a variety of nonnuclear materials
that remain critical to national security, including beryllium. The
Committee is pleased that the NNSA is moving forward with up-
grading its production and processing capacity for these critical
non-nuclear materials, including by leveraging commercial tech-
nologies and capabilities.
Plutonium Modernization.—Within funds provided, not less than
$10,000,000 shall be for workforce development and training part-
nerships with Historically Black Colleges and Universities, His-
panic-Serving Institutions, and Tribal Colleges and Universities in
South Carolina and New Mexico to support plutonium pit produc-
tion.
Plutonium Pit Production.—The budget request proposes signifi-
cant funding increases for operations and construction to support
plutonium pit production. The Committee notes that the two con-
struction projects that will support pit production at Los Alamos
and Savannah River have recently achieved the Critical Decision-
1 milestone with increased projected cost estimates and, in the case
of Savannah River, a timeline that will stretch beyond 2030. These
substantial investments and the timeline underscore the need for
a resource-loaded integrated master schedule (IMS) that includes
all pit production-related project and program activities. The IMS
was directed by the fiscal year 2021 Act and has not been received
by the Committee. The NNSA is directed to submit the IMS to the
Committee not later than 15 days after enactment of this Act.
Additionally, the Committee remains concerned about contin-
gency planning given the timeline for achieving 80 pits per year
will stretch beyond 2030. Given the NNSA’s continuing challenges
in constructing large, complex nuclear facilities on time and on
budget, coupled with the extremely constrained timeframe and
planned use of expedited processes and procedures, the risk of not
meeting pit production milestones remains high. The Committee
has not received the contingency plan required in the fiscal year
2021 Act and directs the NNSA to provide the plan not later than
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15 days after enactment of this Act. The NNSA is reminded that
this plan shall be updated and submitted annually with the budget
request.
University Collaboration.—The Committee notes the importance
of collaborations between research universities and national labora-
tories as the NNSA modernizes manufacturing and production ca-
pabilities and is pleased with the progress in establishing the Cen-
ter of Excellence regarding lifetime extension and materials deg-
radation issues. The recommendation provides $10,000,000 to con-
tinue these efforts, including developing a recruiting pipeline capa-
bility across the national security enterprise.
STOCKPILE RESEARCH, TECHNOLOGY, AND ENGINEERING
Stockpile Research, Technology, and Engineering (SRT&E) in-
cludes all activities to strengthen science-based stockpile steward-
ship capabilities to annually certify and assess the stockpile. These
activities include assessments, advanced computing and manufac-
turing, experimental capabilities, and academic partnerships.
Academic Programs.—Within Academic Programs, $40,000,000
shall be for the Minority Serving Institution Partnership Program
and $5,000,000 shall be for Tribal Colleges and Universities. The
Committee encourages the NNSA to partner with ZNetUS to ex-
plore opportunities in pulsed-power high energy density research
and development. The NNSA is directed to provide to the Com-
mittee not later than 120 days after enactment of this Act a brief-
ing on its plans to work with ZNetUS to facilitate user access to
national pulsed-power facilities.
Inertial Confinement Fusion (ICF) and High Yield.—Within the
ICF program, the recommendation includes not less than
$350,000,000 for the National Ignition Facility, not less than
$66,900,000 for the Z Facility, and not less than $83,000,000 for
the OMEGA Laser Facility. Within funds provided for Facility Op-
erations, not less than $33,000,000 shall be for the NNSA to man-
age target development and acquisition. The Committee notes the
importance of the ICF program and the aging nature of the facili-
ties. The NNSA is directed to provide to the Committee not later
than 120 days after enactment of this Act a strategic plan for re-
capitalizing, upgrading, and maintaining ICF facilities. This plan
shall include cost estimates and a reasonable timeframe for imple-
mentation.
Advanced Simulation and Computing.—Within funds provided
for Advanced Simulation and Computing, $25,000,000 shall be for
research in, and leading to the development of, memory tech-
nologies that will drive 40X performance gains beyond that
achieved by exascale computing systems for critical mission appli-
cations.
Stockpile Responsiveness Program.—The fiscal year 2021 Act di-
rected the NNSA to submit to the Committee an annual report
with the budget request that includes a detailed accounting and
status of each program, project, and activity within the program.
The NNSA has proposed meeting this reporting requirement by ex-
panding the annual Stockpile Stewardship and Management Plan
(SSMP) as necessary. The Committee notes that the SSMP does
not typically accompany the annual budget request, and therefore
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does not offer a useful and timely companion to the budget. The
Committee reiterates the fiscal year 2021 direction and expects to
receive timely updates on the status of any new and existing
taskings, studies, and assessments.
SECURE TRANSPORTATION ASSET
The Secure Transportation Asset (STA) program provides safe
and secure transportation of nuclear weapons, weapon components,
and special nuclear material throughout the nuclear security enter-
prise. The STA workforce includes federal agents and program
management staff.
INFRASTRUCTURE AND OPERATIONS
Infrastructure and Operations provides funding for the base op-
erations, maintenance, and recapitalization of the NNSA’s facilities
and infrastructure.
The NNSA is encouraged to accelerate activities necessary to pre-
pare the Beta-4 facility at Y–12 for deactivation and demolition as
it moves forward with the West End Protected Area Reduction
project.
LEGACY CONTRACTOR PENSIONS
The Committee provides $78,656,000 for payments into the leg-
acy University of California contractor employee defined benefit
pension plans.
DEFENSE NUCLEAR NONPROLIFERATION
Appropriation, 2021 ............................................................................ $2,260,000,000
Budget estimate, 2022 ....................................................................... 1,934,000,000
Recommended, 2022 ........................................................................... 2,340,000,000
Comparison:
Appropriation, 2021 ........................................................................ +80,000,000
Budget estimate, 2022 .................................................................... +406,000,000
DEFENSE NUCLEAR NONPROLIFERATION
Funding for the Office of Defense Nuclear Nonproliferation is
provided across five programs: Global Material Security, Material
Management and Minimization, Nonproliferation and Arms Con-
trol, Defense Nuclear Nonproliferation R&D, and Nonproliferation
Construction.
In concert with the NNSA’s efforts to implement a safe, secure,
and cost-effective approach to dispose of surplus plutonium, the
Committee encourages efforts to engage the interagency and inter-
national partners as appropriate on mutually beneficial plutonium
disposition protocols.
Global Material Security.—The recommendation includes not less
than $38,000,000 for the Green Border Security Initiative within
the Nuclear Smuggling Detection and Deterrence program. The
Committee recognizes the importance of improving the security of
border crossings to prevent nuclear smuggling and accelerating
partnerships, particularly within Eastern Europe. Within available
funds for Domestic Radiological Security, the recommendation pro-
vides not less than $25,000,000 for the Cesium Irradiator Replace-
ment Project. The Committee notes the importance of accelerating
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the removal of cesium devices to permanently reduce the risk of
terrorist use of a radiological dispersal device in the U.S.
Nuclear Smuggling Detection and Deterrence.—The Nuclear
Smuggling Detection and Deterrence program plays a critical role
in assisting partner countries to detect, disrupt, and investigate the
smuggling of radioactive and nuclear materials. The Committee
notes the critical importance of this program’s efforts to recapi-
talize equipment as necessary to meet mission needs.
Defense Nuclear Nonproliferation Research and Development
(DNN R&D).—The recommendation includes funding above the
budget request to advance U.S. space-based capabilities to detect
nuclear detonations. The Committee notes the importance of the
University Consortia and Nonproliferation Stewardship programs
and includes $20,000,000 for the University Consortia for Nuclear
Nonproliferation Research. The Committee supports the budget re-
quest for a new consortium, and the NNSA is encouraged to con-
sider quantum-enabled nuclear security technologies for advanced
nuclear systems as it works to establish a new consortium.
The fiscal year 2021 Act directed the NNSA to evaluate and brief
the Committee on the establishment of a nuclear materials proc-
essing test bed capability to address proliferation concerns within
the evolving civilian nuclear fuel cycle. The Committee is still
awaiting this briefing and directs the NNSA to provide the briefing
not later than 30 days after enactment of this Act.
The Committee supports the budget proposal to realign National
Technical Nuclear Forensics R&D within DNN R&D. The fiscal
year 2021 Act directed the NNSA to develop and brief the Com-
mittee on a threat-informed strategic plan for its National Tech-
nical Nuclear Forensics R&D work, with near- and long-term re-
search and development milestones that have been coordinated
with stakeholders, and describes how R&D, counterterrorism, and
counterproliferation activities will be integrated. The Committee is
still awaiting this briefing and directs the NNSA to provide the
briefing not later than within 30 days after enactment of this Act.
The NNSA is reminded that the plan shall evaluate potential mis-
sion need and benefits of establishing a low-background radiation
laboratory capability with access to Category I special nuclear ma-
terials representative of both weapons and commercial uses to sup-
port activities such as accelerator-based photonuclear, neutron acti-
vation, chemistry and isotope separation, treaty verification, and
technical capabilities enabling emergency response, including a cost
estimate. The recommendation also includes $20,000,000 within
Nonproliferation Fuels Development to develop high-density, low-
enriched fuels that could replace highly enriched uranium for naval
applications.
NUCLEAR COUNTERTERRORISM AND INCIDENT RESPONSE
The NNSA’s Nuclear Counterterrorism and Incident Response
programs respond to and mitigate nuclear and radiological inci-
dents worldwide to reduce the threat of nuclear terrorism.
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LEGACY CONTRACTOR PENSIONS
The Committee provides $38,800,000 for payments into the leg-
acy University of California contractor employee defined benefit
pension plans.
NAVAL REACTORS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, 2021 ............................................................................ $1,684,000,000
Budget estimate, 2022 ....................................................................... 1,860,705,000
Recommended, 2022 ........................................................................... 1,866,705,000
Comparison:
Appropriation, 2021 ........................................................................ +182,705,000
Budget estimate, 2022 .................................................................... +6,000,000
The Naval Reactors program is responsible for all aspects of
naval nuclear propulsion from technology development through re-
actor operations to ultimate reactor plant disposal. The program
provides for the design, development, testing, and evaluation of im-
proved naval nuclear propulsion plants and reactor cores.
The recommendation fully funds the request to develop the Co-
lumbia-Class submarine, to refuel the S8G prototype, and continue
the Spent Fuel Handling Recapitalization Project.
Naval Reactors Development.—Within available funds for Naval
Reactors Development, $92,747,000 is transferred to the Office of
Nuclear Energy for Advanced Test Reactor operations.
FEDERAL SALARIES AND EXPENSES
Appropriation, 2021 ............................................................................ $443,200,000
Budget estimate, 2022 ....................................................................... 464,000,000
Recommended, 2022 ........................................................................... 464,000,000
Comparison:
Appropriation, 2021 ........................................................................ +20,800,000
Budget estimate, 2022 .................................................................... –––
The Federal Salaries and Expenses account provides salaries,
corporate planning, oversight, and management for Defense Pro-
grams, Defense Nuclear Nonproliferation, and the NNSA field of-
fices in New Mexico, Nevada, Missouri, Tennessee, Texas, South
Carolina, and California.
Human Capital Management.—The Committee notes the success
of the NNSA’s partnership with its Management and Operating
contractors to coordinate enterprise-wide recruiting efforts. How-
ever, the Committee remains concerned about the NNSA’s ability
to meet its federal staffing requirements, a challenge that poses
risk to successfully managing a nuclear modernization effort un-
precedented in its scope and complexity. The NNSA is directed to
continue providing the Committee monthly updates on the status
of hiring and retention.
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ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE ENVIRONMENTAL CLEANUP
Appropriation, 2021 ............................................................................ $6,426,000,000
Budget estimate, 2022 ....................................................................... 6,841,670,000
Recommended, 2022 ........................................................................... 6,592,000,000
Comparison:
Appropriation, 2021 ........................................................................ +166,000,000
Budget estimate, 2022 .................................................................... ¥249,670,000
The Defense Environmental Cleanup account provides funding
for identifying and reducing risks and managing waste at sites
where the nation carried out defense-related nuclear research and
production activities that resulted in radioactive, hazardous, and
mixed waste contamination requiring remediation, stabilization, or
some other cleanup action.
Within available funds, $10,000,000 is provided to fund the haz-
ardous waste worker training program.
While the budget request for Defense Environmental Cleanup in-
cluded increases at some sites, those increases were at the expense
of other important cleanup activities at sites including Hanford,
Idaho, and Oak Ridge. The recommendation continues to fund a
balanced approach that sustains the momentum of ongoing cleanup
activities more consistently across all Department cleanup sites.
Hanford Site.—The recommendation includes funds above the
budget request for the Office of River Protection to support stable
funding for cleanup activities at the Hanford Site.
The Department is directed to carry out maintenance and public
safety efforts at historical sites, including the B Reactor. This in-
cludes facility improvements including replacement of the B Reac-
tor roof. Within available funds, not less than $8,500,000 is pro-
vided for the Hazardous Materials Management and Emergency
Response facilities.
The Department is reminded that meeting the Consent Decree
milestone for operations of Direct Feed Low Activity Waste must
remain the Department’s top focus within the Office of River Pro-
tection. The Committee remains concerned about the projected
costs and timelines identified in the Department’s 2019 Hanford
Lifecycle Scope, Schedule, and Cost Report. This report estimates
the total cost of Hanford cleanup to be between $322 and $677 bil-
lion, with a potential completion date of 2079. This timeline could
leave local communities at risk for an unnecessarily long period of
time, and the Committee is concerned that projected funding needs
are not realistically achievable. The Department, in partnership
with its regulators, tribes, and other stakeholders, is encouraged to
seriously consider all cleanup options that have the potential to re-
duce costs and safely expedite cleanup while protecting public
health and the environment. The Committee notes that the budget
request includes $7,000,000 for low level waste offsite disposal and
that fiscal year 2020 funds are still available for this purpose. The
Department shall provide notice to the Committee if any additional
funds are proposed for this project, including the amount and
source of funds.
The Committee notes that $2,500,000 was provided in the fiscal
year 2021 Act to develop plans for the permanent removal of SR–
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90 capsules from the Waste Encapsulation and Storage Facility.
The Department is directed to utilize these funds to carry out an
evaluation of removal of the capsules for possible future beneficial
use. The evaluation shall include, at minimum, the specific actions
necessary to prepare capsules for removal and transportation; the
Department’s history with current and past transfer agreements,
including the financial structure of those agreements; and the
costs, benefits, and risks to the federal government of future re-
moval actions.
Idaho National Laboratory.—The Committee supports the De-
partment’s efforts to analyze alternatives for the future of spent
fuel facilities at Idaho to include multi-purpose canisters. The Com-
mittee encourages expediency in its review and expects regular up-
dates from the Department. Within available funding, up to
$15,000,000 is for a road-ready, dry storage packaging pilot project
using multi-purpose canisters and existing infrastructure.
Savannah River Site.—Within funds for Risk Management Oper-
ations, not less than $3,000,000 is for disposition of spent fuel from
the High Flux Isotope Reactor. The Committee supports the budget
request for H-Canyon operations, which continues operations at the
fiscal year 2021 level. The Committee further supports the budget
request for remediation of the D-Area. The Committee notes that
the transition to a separate contract for the Savannah River Na-
tional Laboratory (SRNL) could impact overhead rates traditionally
paid by users of the laboratory, including Departmental programs.
The Department is directed to propose to the Committee not later
than 60 days after enactment of this Act a method or methods for
funding SRNL radiological facilities that mitigates, to the extent
practicable, the impacts to overhead rates to users of the labora-
tory. The Department shall include an option for direct funding of
these facilities and include information on the benefits to all users
of such facilities and ensure that the relevant users would pay a
share proportional to their use.
Nevada.—The recommendation includes $15,000,000 for im-
proved real time radiography equipment to support enhanced low-
level radioactive waste verification and oversight.
Waste Isolation Pilot Plant (WIPP).—The fiscal year 2021 Act di-
rected the Department to brief the Committee on its plan for infra-
structure improvements around WIPP. The Committee is still
awaiting this briefing, and the Department is directed to provide
the briefing not later than 15 days after enactment of this Act.
Program Direction.—The Committee places a high priority on
workforce recruitment, mentoring, and training programs to pre-
pare the next generation of federal and contractor workforce per-
sonnel. The Office of Environmental Management (EM) is encour-
aged to implement such programs as necessary to ensure the De-
partment continues to meet the rigorous demands of its ongoing
cleanup activities.
Technology Development.—Within Technology Development and
Deployment, $5,000,000 is provided for the National Spent Nuclear
Fuel Program to address issues related to storing, transporting,
processing, and disposing of Department-owned and managed spent
nuclear fuel. Within these amounts, the Department shall use
funding to address the need for additional assessments into mate-
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rial degradation that may occur as a result of multiple decades of
Environmental Management spent nuclear fuel storage facilities,
nuclear material measuring and monitoring in the Department’s
storage systems, and other activities recommended by the U.S. Nu-
clear Waste Technical Review Board in its 2017 report on the Man-
agement and Disposal of U.S. Department of Energy Spent Nuclear
Fuel. The Committee appreciates the Department’s work to im-
prove worker safety and provides up to $6,500,000 to consider ex-
ploring options to develop and deploy wearable robotic devices to
enhance worker safety. The recommendation provides up to
$7,000,000 for continued work on qualification, testing, and re-
search to advance the state-of-the-art containment ventilation sys-
tems.
DEFENSE URANIUM ENRICHMENT DECONTAMINATION AND
DECOMMISSIONING
(INCLUDING TRANSFER OF FUNDS)
Appropriation, 2021 ............................................................................ $– – –
Budget estimate, 2022 ....................................................................... –––
Recommended, 2022 ........................................................................... 831,340,000
Comparison:
Appropriation, 2021 ........................................................................ +831,340,000
Budget estimate, 2022 .................................................................... +831,340,000
The Committee recommends $831,340,000 to fully offset the fis-
cal year 2022 appropriation for the Uranium Enrichment Decon-
tamination and Decommissioning account.
OTHER DEFENSE ACTIVITIES
Appropriation, 2021 ............................................................................ $920,000,000
Budget estimate, 2022 ....................................................................... 1,170,000,000
Recommended, 2022 ........................................................................... 932,000,000
Comparison:
Appropriation, 2021 ........................................................................ +12,000,000
Budget estimate, 2022 .................................................................... ¥238,000,000
The Other Defense Activities account provides funding for the
Office of Environment, Health, Safety and Security; the Office of
Independent Enterprise Assessments; the Office of Legacy Manage-
ment; Specialized Security Activities; Defense Related Administra-
tive Support; and the Office of Hearings and Appeals.
The Committee again rejects the budget proposal to move the
Formerly Utilized Sites Remedial Action Program (FUSRAP) from
the U.S. Army Corps of Engineers (Corps) to the Department. The
Congress intentionally transferred FUSRAP from the Department
to the Corps in fiscal year 1998. The Department maintains owner-
ship of and accountability for real property interests. The Com-
mittee remains pleased with the current cooperation between the
Department and the Corps in carrying out the FUSRAP program
and expects the Department to continue to provide its institutional
knowledge and expertise to ensure the success of this program and
to serve the nation and the affected communities. The Committee
notes its direction to the Corps to submit its fiscal year 2023 budg-
et request in the structure outlined in this Act.
The Committee is pleased with the Department’s progress on es-
tablishing a memorandum of understanding with the Defense Nu-
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clear Facilities Safety Board that will provide a foundation for mu-
tual communication, transparency, and information sharing to pro-
mote operational and interface efficiencies.
The recommendation includes $12,000,000 above the budget re-
quest for targeted investments to defend the U.S. energy sector
against the evolving threat of cyber and other attacks in support
of the resiliency of the nation’s electric grid and energy infrastruc-
ture.
Runit Island, Marshall Islands.—The Committee has heard con-
cerns that the Department is not in full compliance with the re-
porting requirements contained in section 2 of Public Law 112–149.
The Department is directed to provide to the Committee not later
than 90 days after enactment of this Act a plan to come into full
compliance with Public Law 112–149. At a minimum, the plan
shall include: steps required to come into compliance; technical
issues associated with the effort how the Department will ensure
the reports are made available to the public in the Marshall Is-
lands, including translation of reports into Marshallese and rede-
velopment of outdated Department websites; and cost estimates as-
sociated with each of these items.
The Committee notes recent advances in commercially available
technologies, including artificial intelligence, computer vision, and
sensor fusion capabilities, may make it possible to deploy innova-
tive technologies to detect, track and identify threats at scale to
help meet force protection and physical security requirements. The
Committee is aware that such initiatives are underway in federal
agencies such as the Department of Defense and Customs and Bor-
der Protection. The Department is directed to conduct a review of
its security requirements across the entire complex to assess how
the use of artificial intelligence and commercially available tech-
nologies could improve security while reducing overall costs. The
Department shall provide to the Committee not later than 180 days
after enactment of this Act a report detailing its findings. The re-
port shall include information on if and how the Department is al-
ready using artificial intelligence or commercially available tech-
nologies, include a recommendation for a pilot project at one or
more sites within the complex, and include cost estimates and com-
parisons to current security costs.
POWER MARKETING ADMINISTRATIONS
Management of the federal power marketing functions was trans-
ferred from the Department of the Interior to the Department of
Energy in the Department of Energy Organization Act of 1977
(Public Law 95–91). These functions include the power marketing
activities authorized under section 5 of the Flood Control Act of
1944 and all other functions of the Bonneville Power Administra-
tion, the Southeastern Power Administration, the Southwestern
Power Administration, and the power marketing functions of the
Bureau of Reclamation that have been transferred to the Western
Area Power Administration.
All four power marketing administrations (PMAs) give preference
in the sale of their power to publicly-owned and cooperatively-
owned utilities. Operations of the Bonneville Power Administration
are financed principally under the authority of the Federal Colum-
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